Great Wall Acupuncture, P.C. v New York Cent. Mut. Ins. Co. (2009 NY Slip Op 50227(U))

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Great Wall Acupuncture, P.C. v New York Cent. Mut. Ins. Co.

2009 NY Slip Op 50227(U) [22 Misc 3d 133(A)]

Decided on February 10, 2009

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected in part through February 23, 2009; it will not be published in the printed Official Reports.

Decided on February 10, 2009

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and STEINHARDT, JJ
2008-7 Q C.

Great Wall Acupuncture, P.C. as assignee of BETH BROWN, Respondent,

against

New York Central Mutual Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered November 15, 2007, deemed from a judgment of the same court entered December 14, 2007 (see CPLR 5501 [c]). The judgment, entered pursuant to the November 15, 2007 order which denied defendant's motion for summary judgment and granted plaintiff's cross motion for summary judgment, awarded plaintiff the principal sum of $3,780.

Judgment affirmed without costs.

For the reasons stated in Great Wall Acupuncture, P.C. as assignee of Ronald Dhanpat v New York Cent. Mut. Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _______ [No. 2007-2014 Q C], decided herewith), the judgment is affirmed.

Pesce, P.J., Weston Patterson and Steinhardt, JJ., concur.
Decision Date: February 10, 2009