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Concourse Chiropractic, PLLC v State Farm Mut. Ins. Co.
2013 NY Slip Op 52222(U) [42 Misc 3d 131(A)]
Decided on December 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MARANO, J.P., NICOLAI and LaSALLE, JJ
.

Concourse Chiropractic, PLLC as Assignee of GARY COPPEDGE, Respondent, —

against

State Farm Mutual Insurance Company, Appellant.


Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated April 20, 2012. The order denied defendant's motion for summary judgment dismissing the complaint.


ORDERED that the order is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Concourse Chiropractic, PLLC as Assignee of Odalis Guzman v State Farm Mut. Ins. Co. (___ Misc 3d ___, 2013 NY Slip Op _____ [Appeal No. 2012-1611 N C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

Marano, J.P., Nicolai and LaSalle, JJ., concur.
Decision Date: December 20, 2013