Canarsie Chiropractic, P.C. v Kemper Ins. Co. (2014 NY Slip Op 50420(U))

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Canarsie Chiropractic, P.C. v Kemper Ins. Co.

2014 NY Slip Op 50420(U) [42 Misc 3d 150(A)]

Decided on March 11, 2014

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 11, 2014

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2012-922 K C.

Canarsie Chiropractic, P.C. as Assignee of DWAYNE GRIFFITHS, Appellant,

against

Kemper Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered February 6, 2012. The order granted defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) and CPLR 3212.

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

For the reasons stated in Flatlands Med., P.C. as Assignee of Dwayne Griffiths v Kemper Ins. Co. (___ Misc 3d ___, 2014 NY Slip Op _____ [Appeal No. 2012-890 K C], decided herewith), the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: March 11, 2014