MIA Acupuncture, P.C. v AutoOne Ins. Co.

[*1] MIA Acupuncture, P.C. v AutoOne Ins. Co. 2010 NY Slip Op 50654(U) [27 Misc 3d 131(A)] Decided on April 9, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 9, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., WESTON and RIOS, JJ
2009-442 Q C.

MIA Acupuncture, P.C. as assignee of DOROTHY BRAXTON, Respondent,

against

AutoOne Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered February 3, 2009. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment.

ORDERED that the order is reversed without costs, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in RIU Chiropractic, P.C. as assignee of Dorothy Braxton v AutoOne Ins. Co. (___ Misc 3d ___, 2010 NY Slip Op _____ [No. 2009-441 Q C],
decided herewith), the order is reversed, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

Golia, J.P., Weston and Rios, JJ., concur.
Decision Date: April 09, 2010