Avenue I Med., P.C. v Infinity Ins. Co. (2012 NY Slip Op 51957(U))

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Avenue I Med., P.C. v Infinity Ins. Co.

2012 NY Slip Op 51957(U) [37 Misc 3d 130(A)]

Decided on October 16, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 16, 2012

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

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-1582 K C.

Avenue I Medical, P.C. as Assignee of LEROY TAISTE, Respondent, —

against

Infinity Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 11, 2011. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

For the reasons stated in W.H.O. Acupuncture, P.C. v Infinity Ins. Co. (___ Misc 3d ___, 2012 NY Slip Op ______ [Appeal No. 2011-1975 K C], decided herewith), the order is affirmed. Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 16, 2012