Vital Med. Care, P.C. v New York City Tr. Auth. (2014 NY Slip Op 50473(U))

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Vital Med. Care, P.C. v New York City Tr. Auth.

2014 NY Slip Op 50473(U) [43 Misc 3d 127(A)]

Decided on March 17, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2014

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
.

Vital Medical Care, P.C. as Assignee of GIRTHA BUTLER, Respondent,

against

New York City Transit Authority, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 27, 2011. The order, insofar as appealed from, upon renewal, adhered to the court's prior determination denying defendant's motion, in effect, for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

As the pertinent facts of this case are the same as those in Contact Chiropractic, P.C. as Assignee of Girtha Butler v New York City Tr. Auth. (42 Misc 3d 60 [App Term, 2d, 11th & 13th Jud Dists 2013]), for the reasons stated in that case, the instant order, insofar as appealed from, is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: March 17, 2014