Impulse Chiropractic, P.C. v New York Cent. Mut. Fire Ins. Co. (2008 NY Slip Op 50499(U))

[*1]

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

2008 NY Slip Op 50499(U) [19 Misc 3d 127(A)]

Decided on February 29, 2008

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 29, 2008

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., and RIOS, J.
2006-2033 Q C

Impulse Chiropractic, P.C. a/a/o Irina Gamkhitashvili, 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 (Cynthia Kern, J.), dated July 14, 2006, deemed from a judgment entered August 16, 2006 (see CPLR 5501 [c]). The judgment, entered pursuant to the July 14, 2006 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $1,099.44.

Judgment affirmed without costs.

Unlike the case of Impulse Chiropractic, P.C. a/a/o Devi Matiashvili v New York Cent. Mut. Fire Ins. Co. (____ Misc 3d ____, 2008 NY Slip Op _______ [No. 2006-2032 Q C], decided herewith), in the instant case, defendant notified the Attorney General
that it is challenging, on appeal, the constitutionality of CPLR 2309 (c) (Executive Law § 71; CPLR 1012). The judgment is affirmed, however, for the remaining reasons set forth in the aforementioned case.

Pesce, P.J., and Rios, J., concur.
Decision Date: February 29, 2008