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SZ Med., P.C. v Country-Wide Ins. Co.
2008 NY Slip Op 52224(U) [21 Misc 3d 136(A)] [21 Misc 3d 136(A)]
Decided on October 30, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 30, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : GOLIA, J.P., RIOS and STEINHARDT, JJ
2007-1646 K C.

SZ Medical, P.C., LIFE CHIROPRACTIC, P.C., JH CHIROPRACTIC, P.C. and NEW WAVE ORIENTAL ACUPUNCTURE, P.C. a/a/o EMMA CRUZ, Respondents,

against

Country-Wide Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Arlene Bluth, J.), dated August 1, 2007. The order, insofar as appealed from as limited by the brief, denied the branch of defendant's cross motion seeking to vacate a judgment entered in favor of plaintiffs and the underlying order which, inter alia, granted plaintiffs' prior motion for summary judgment and, upon such vacatur, to dismiss the complaint.


Order, insofar as appealed from, affirmed without costs.

For the reasons stated in SZ Med., P.C. a/a/o Osman Delcid v Country-Wide Ins. Co. ( Misc 3d , 2008 NY Slip Op [No. 2007-1645 K C], decided herewith), the order is affirmed.

Golia, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: October 30, 2008