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Amercure Acupuncture, P.C. v GEICO Ins. Co.
2010 NY Slip Op 50612(U) [27 Misc 3d 129(A)]
Decided on January 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 2010
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : WESTON, J.P., GOLIA and STEINHARDT, JJ
2008-2055 Q C.

Amercure Acupuncture, P.C. as assignee of MAITLAND EVERTON, Respondent,

against

GEICO Ins. Co., Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered October 6, 2008, deemed from a judgment of the same court entered November 5, 2008 (see CPLR 5501 [c]). The judgment, entered pursuant to the October 6, 2008 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment, awarded plaintiff the principal sum of $655.71.


ORDERED that the judgment is reversed without costs, the order entered October 6, 2008 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Amercure Acupuncture, P.C. a/a/o Taylor Franklin v Geico Ins. Co. (— Misc 3d —, 2009 NY Slip Op [Appeal No. 2008-2040 Q C], decided herewith), the judgment is reversed, the order entered September 25, 2008 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

Weston, J.P., Golia and Steinhardt, JJ., concur.
Decision Date: January 22, 2010