SS Med. Care, P.C. v Access Gen. Ins. Co. (2013 NY Slip Op 52092(U))

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SS Med. Care, P.C. v Access Gen. Ins. Co.

2013 NY Slip Op 52092(U) [41 Misc 3d 146(A)]

Decided on December 12, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 12, 2013

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

PRESENT:: WESTON, J.P., RIOS and ALIOTTA, JJ
.

SS Medical Care, P.C. as Assignee of FERNANDO DELGADO, Appellant, —

against

Access General Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered January 5, 2012. The order granted the branch of defendant's motion seeking leave to renew its prior motion to dismiss the complaint, which had been determined by an order of the same court entered February 15, 2011, and, upon renewal, in effect, vacated the February 15, 2011 order and thereupon granted defendant's motion to dismiss the complaint.

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

For the reasons stated in J.C. Healing Touch Rehab, P.C. as Assignee of Nestor Xicohtencatl v Access Gen. Ins. Co. (___ Misc 3d ___, 2013 NY Slip Op _____ [Appeal No. 2012-318 K C], decided herewith), the order is affirmed.

Weston, J.P., Rios and Aliotta, JJ., concur.
Decision Date: December 12, 2013