Silver Acupuncture, P.C. v GEICO (Gov. Employees)

[*1] Silver Acupuncture, P.C. v GEICO (Gov. Employees) 2021 NY Slip Op 51164(U) Decided on November 19, 2021 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 19, 2021
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : DAVID ELLIOT, J.P., MICHELLE WESTON, DONNA-MARIE E. GOLIA, JJ
2020-703 K C

Silver Acupuncture, P.C., as Assignee of Vibert Alexander, Appellant,

against

GEICO (Gov. Employees), Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Law Office of Goldstein Flecker & Hopkins (Lawrence J. Chanice of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Matthew P. Blum, J.), entered February 21, 2020. The order granted defendant's motion to dismiss the complaint pursuant to CPLR 3216.

ORDERED that the order is affirmed, with $25 costs.

For the reasons stated in Silver Acupuncture, P.C. v GEICO Gen. Ins. Co. (72 Misc 3d 140[A], 2021 NY Slip Op 50833[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]) and Silver Acupuncture, P.C., as Assignee of Laura Brown v GEICO (Gov. Employees) (___ Misc 3d ____, 2021 NY Slip Op ____ [appeal No. 2020-700 K C], decided herewith), the order is affirmed.

ELLIOT, J.P., WESTON and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 19, 2021