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Arco Med. NY, P.C. v New York Cent. Mut. Fire Ins. Co.
2011 NY Slip Op 50187(U) [30 Misc 3d 137(A)]
Decided on February 14, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 14, 2011
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : STEINHARDT, J.P., PESCE and WESTON, JJ
2009-1948 K C.

Arco Medical NY, P.C. and CHIROPRACTIC BACK CARE OF QUEENS VILLAGE as Assignees of JERMAINE ROUSE, Respondents,

against

New York Central Mutual Fire Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), dated June 23, 2009. The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiffs' cross motion for summary judgment.


ORDERED that the order is modified by providing that plaintiffs' cross motion for summary judgment is denied; as so modified, the order is affirmed, without costs.

For the reasons stated in Arco Med. NY, P.C. and Janaa Physical Therapy, P.C. as Assignees of Jermaine Rouse v New York Cent. Mut. Fire Ins. Co. (__ Misc 3d ___, 2010 NY Slip Op ______ [Appeal No. 2009-1733 K C, decided herewith]), the order is modified as set forth above.

Steinhardt, J.P., Pesce and Weston, JJ., concur.
Decision Date: February 14, 2011