East Gun Hill Med., P.C. v MVAIC

[*1] East Gun Hill Med. P.C., v MVAIC 2014 NY Slip Op 50966(U) Decided on May 29, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-2225 Q C

East Gun Hill Medical, P.C. as Assignee of CHRISTIAN GALLARDO, Respondent,

against

MVAIC, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (James E. d'Auguste, J.), entered August 6, 2012, deemed from a judgment of the same court entered September 12, 2012 (see CPLR 5501 [c]). The judgment, entered pursuant to the August 6, 2012 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $2,506.47.

ORDERED that the judgment is reversed, with $30 costs, the order entered August 6, 2012 is vacated, 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 East Gun Hill Med., P.C. as Assignee of Christian Gallardo v MVAIC (___ Misc 3d ___, 2014 NY Slip Op ______ [Appeal No. 2012-2223 Q C], decided herewith), the judgment is reversed, the order entered August 6, 2012 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: May 29, 2014