AKS Med., P.C. v Mercury Ins. Co.

[*1] AKS Med., P.C. v Mercury Ins. Co. 2009 NY Slip Op 52512(U) [25 Misc 3d 143(A)] Decided on December 9, 2009 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 9, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : RIOS, J.P., PESCE and GOLIA, JJ
2008-1921 Q C.

AKS Medical, P.C. as assignee of NOEL KELLON, Respondent,

against

Mercury Ins. Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered August 22, 2008. The order, insofar as appealed from as limited by the brief, denied defendant's cross motion to dismiss the complaint.

ORDERED that the order, insofar as appealed from, is affirmed without costs.

For the reasons stated in MIA Acupuncture, P.C. v Mercury Ins. Co. ( Misc 3d , 2009 NY Slip Op [No. 2008-1758 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

Rios, J.P., Pesce and Golia, JJ., concur.
Decision Date: December 09, 2009