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B.Y., M.D., P.C. v State-Wide Ins. Co.
2010 NY Slip Op 50140(U) [26 Misc 3d 134(A)]
Decided on January 28, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 28, 2010
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : NICOLAI, P.J., TANENBAUM and LaCAVA, JJ
2009-944 N C.

B.Y., M.D., P.C., JR CHIROPRACTIC, P.C. and OASIS PHYSICAL THERAPY, P.C. a/a/o ALEX MODYLEVSKY, Appellants,

against

State-Wide Insurance Company, Respondent.


Appeal from an order of the District Court of Nassau County, Third District (Fred J. Hirsh, J.), dated April 14, 2009. The order denied plaintiffs' motion for partial summary judgment.


ORDERED that the order is affirmed without costs.

For the reasons stated in B.Y., M.D., P.C., JR Chiropractic, P.C., Oasis Physical Therapy, P.C. and Olga Bard Acupuncture, P.C. a/a/o Beverly Prince v Government
Empls. Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op ____ [Appeal No. 2009-943 N C], decided herewith), the order is affirmed.

Nicolai, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: January 28, 2010