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Artistic Chiropractic, P.C. v NY Cent. Mut. Fire Ins. Co.
2009 NY Slip Op 52602(U) [26 Misc 3d 126(A)]
Decided on December 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 15, 2009
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : GOLIA, J.P., PESCE and WESTON, JJ
2008-2023 K C.

Artistic Chiropractic, P.C. a/a/o JOHN SOUTHERN, Respondent,

against

NY Central Mutual Fire Ins. Co., Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Richard Velasquez, J.), entered June 12, 2008. The order denied defendant's motion for summary judgment.


ORDERED that the order is reversed without costs and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Andromeda Medical Care, P.C. v NY Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op ____ [No. 2008-2014 K C], decided
herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

Golia, J.P., Pesce and Weston, JJ., concur.
Decision Date: December 15, 2009