| VE Med. Care, P.C. v GEICO Gen. Ins. Co. |
| 2011 NY Slip Op 52065(U) [33 Misc 3d 138(A)] |
| Decided on November 4, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Sylvia G.
Ash, J.), entered January 19, 2010. The order, insofar as appealed from as limited by the brief,
implicitly granted the branch of plaintiff's motion seeking an order finding, for all purposes in the
action, that plaintiff had established its prima facie case.
ORDERED that the order, insofar as appealed from, is reversed, without costs, and the branch of plaintiff's motion seeking an order finding, for all purposes in the action, that plaintiff had established its prima facie case is denied.
For the reasons stated in Raz Acupuncture P.C. as Assignee of Marina Babayeva v
GEICO General Ins. Co. (___Misc 3d___, 2011 NY Slip Op _____ [Appeal No. 2010-735 K
C], decided herewith), the order, insofar as appealed from, is reversed, and the branch of
plaintiff's motion seeking a finding, pursuant to CPLR 3212 (g), that plaintiff had established its
prima case facie for all purposes in the action is denied.
Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: November 04, 2011