Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co. (2011 NY Slip Op 50137(U))

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Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co.

2011 NY Slip Op 50137(U) [30 Misc 3d 135(A)]

Decided on February 8, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 8, 2011

SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2009-1006 K C.

Viviane Etienne Medical Care, P.C. as Assignee of JESUS HERAS, Appellant,

against

Country-Wide Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered March 6, 2009. The order denied plaintiff's motion for summary judgment.

ORDERED that the order is affirmed, without costs.

For the reasons stated in Viviane Etienne Med. Care, P.C. as Assignee of Alem Cardenas v Country-Wide Ins. Co. ( ___ Misc 3d ___, 2011 NY Slip Op ___
[No. 2009-1000 K C], decided herewith), the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: February 08, 2011