Innovative Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co.

[*1] Innovative Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. 2010 NY Slip Op 50886(U) [27 Misc 3d 137(A)] Decided on May 13, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 13, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., RIOS and STEINHARDT, JJ
2009-807 Q C.

Innovative Chiropractic, P.C. as assignee of WANDA BATISTA, Respondent,

against

New York Central Mutual Fire Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered March 18, 2009, deemed from a judgment of the same court entered April 2, 2009 (see CPLR 5501 [c]). The judgment, entered pursuant to the March 18, 2009 order denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment, awarded plaintiff the principal sum of $5,313.55.

ORDERED that the judgment is reversed without costs, the order entered March 18, 2009 is vacated, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.

For the reasons stated in Innovative Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2010 NY Slip Op _____ [Appeal No. 2009-803 Q C], decided herewith), the judgment is reversed, the order entered March 18, 2009 is vacated, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.

Weston, J.P., Rios and Steinhardt, JJ., concur. [*2]
Decision Date: May 13, 2010