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Right Aid Diagnostic Medicine, P.C. v MVAIC
2013 NY Slip Op 51582(U) [41 Misc 3d 126(A)]
Decided on September 26, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 26, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : RIOS, J.P., WESTON and ALIOTTA, JJ
2011-587 K C.

Right Aid Diagnostic Medicine, P.C. as Assignee of CARLOS PONCE, Respondent, —

against

MVAIC, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered January 24, 2011, as resettled by an order of the same court entered January 5, 2012 (see CPLR 5517 [b]), deemed from a judgment of the same court entered February 17, 2011 (see CPLR 5501 [c]). The judgment, entered pursuant to the January 24, 2011 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 $879.72.


ORDERED that the judgment is reversed, without costs, the order entered January 24, 2011, as resettled by the order dated January 5, 2012, is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Metropolitan Med. Supplies, LLC as Assignee of Darrell Troupe v MVAIC (___ Misc 3d ___, 2013 NY Slip Op ______ [Appeal No. 2011-1360 K C], decided herewith), the judgment is reversed, the order entered January 24, 2011, as resettled by the order dated January 5, 2012, is vacated, plaintiff's motion for summary judgment is denied and [*2]defendant's cross motion for summary judgment dismissing the complaint is granted.

Rios, J.P., Weston and Aliotta, JJ., concur.
Decision Date: September 26, 2013