[*1]
Sanli Acupuncture, P.C. v MVAIC
2011 NY Slip Op 51232(U) [32 Misc 3d 127(A)]
Decided on June 30, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 30, 2011
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : WESTON, J.P., PESCE and RIOS, JJ
2010-778 Q C.

Sanli Acupuncture, P.C. as Assignee of PETER PAUL, Respondent,

against

MVAIC, Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered February 24, 2010, deemed from a judgment of the same court entered March 22, 2010 (see CPLR 5501 [c]). The judgment, entered pursuant to the February 24, 2010 order denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment, awarded plaintiff the principal sum of $1,722.


ORDERED that the judgment is reversed, without costs, the order entered February 24, 2010 is vacated, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.

For the reasons stated in Sanli Acupuncture, P.C. as Assignee of Peter Paul v MVAIC (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2010-514 Q C], decided herewith), the judgment is reversed, the order entered February 24, 2010 is vacated, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.

Weston, J.P., Pesce and Rios, JJ., concur.
Decision Date: June 30, 2011