Concourse Chiropractic, PLLC v Fiduciary Ins. Co. of Am. (2012 NY Slip Op 51059(U))

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Concourse Chiropractic, PLLC v Fiduciary Ins. Co. of Am.

2012 NY Slip Op 51059(U) [35 Misc 3d 146(A)]

Decided on June 11, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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 11, 2012

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ
2010-2568 Q C.

Concourse Chiropractic, PLLC as Assignee of ADRIAN DAVIS, Respondent, —

against

Fiduciary Insurance Company of America, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered September 14, 2010, deemed from a judgment of the same court entered September 21, 2010 (see CPLR 5501 [c]). The judgment, entered pursuant to the September 14, 2010 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $1,310.94.

ORDERED that the judgment is affirmed, without costs.

For the reasons stated in Concourse Chiropractic, PLLC as Assignee of Darrell Coleman v Fiduciary Ins. Co. ( Misc 3d , 2012 NY Slip Op [No. 2010-2551 Q C], decided herewith), the judgment is affirmed.
Pesce, P.J., Weston and Aliotta, JJ., concur.
Decision Date: June 11, 2012