Devonshire Surgical Facility & Carnegie Hill Orthopedic Servs., P.C. v American Tr. Ins. Co.

[*1] Devonshire Surgical Facility & Carnegie Hill Orthopedic Servs., P.C. v American Tr. Ins. Co. 2011 NY Slip Op 50514(U) Decided on April 5, 2011 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 5, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
.

Devonshire Surgical Facility and Carnegie Hill Orthopedic Services, P.C., a/a/o Nathan Gwynn, Plaintiffs-Appellants, - -

against

American Transit Insurance Company, Defendant-Respondent.

Plaintiffs appeal from an order of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), dated June 4, 2008, which denied their motion for summary judgment on the complaint.

 

Per Curiam.

Order (Arlene P. Bluth, J.), dated June 4, 2008, modified to grant (1) summary judgment in favor of plaintiff Devonshire Surgical Facility in the principal sum of $3,000 and (2) partial summary judgment in favor of plaintiff Carnegie Hill Orthopedic Services, P.C. in the principal sum of $7,835.29; and, as so modified, order affirmed without costs. The Clerk is directed to enter judgment accordingly (see Devonshire Surgical Facility v American Tr. Ins. Co., Cal. No. 11-012, decided simultaneously herewith).
THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: April 05, 2011