Functional Physical Therapy, P.C. v Utica Mut. Ins. Co. (2009 NY Slip Op 51631(U))

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Functional Physical Therapy, P.C. v Utica Mut. Ins. Co.

2009 NY Slip Op 51631(U) [24 Misc 3d 139(A)]

Decided on July 24, 2009

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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 24, 2009

SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., WESTON and STEINHARDT, JJ
2008-1122 K C.

Functional Physical Therapy, P.C. a/a/o MARY YOU and ANTOINETTE WALKER, Appellant,

against

Utica Mutual Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered July 10, 2007. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.

Order modified by providing that defendant's motion for summary judgment is denied; as so modified, affirmed without costs.

For the reasons stated in Andromeda Med. Care, P.C. v Utica Mut. Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op_____ [Appeal No. 2008-505 K C, decided herewith]), the
order is modified by providing that defendant's motion for summary judgment is denied.

Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: July 24, 2009