Art of Healing Medicine, P.C. v American Tr. Ins. Co.

[*1] Art of Healing Medicine, P.C. v American Tr. Ins. Co. 2015 NY Slip Op 51720(U) Decided on November 20, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 20, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1339 Q C

Art of Healing Medicine, P.C. as Assignee of MELDA JOASSINT, Appellant,

against

American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered March 22, 2013. The order, insofar as appealed from as limited by the notice of appeal, denied the branch of plaintiff's motion seeking summary judgment on the third cause of action and granted the branch of defendant's cross motion seeking summary judgment dismissing that cause of action.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

For the reasons stated in Delta Diagnostic Radiology, P.C. as Assignee of Yvan Pleteau v American Tr. Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2013-745 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

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

Decision Date: November 20, 2015