Exceptional Med. Care, P.C. v Fiduciary Ins. Co. (2014 NY Slip Op 50528(U))

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Exceptional Med. Care, P.C. v Fiduciary Ins. Co.

2014 NY Slip Op 50528(U) [43 Misc 3d 129(A)]

Decided on March 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2014

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

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

Exceptional Medical Care, P.C., SUCCESS ACUPUNCTURE, P.C., CITY CHIROPRACTIC, P.C. and JANAA PHYSICAL THERAPY, P.C. as Assignees of ROMENIA JIRMNSON, Respondents,

against

Fiduciary Insurance Company,Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered May 30, 2012. The order, insofar as appealed from as limited by the brief, granted plaintiffs' cross motion for summary judgment.

ORDERED that the order, insofar as appealed from, is reversed, without costs, and plaintiffs' cross motion for summary judgment is denied.

For the reasons stated in Exceptional Med. Care, P.C. et al. as Assignees of Lavonnia Braswell v Fiduciary Ins. Co. (__ Misc 3d __, 2014 NY Slip Op ____ [Appeal No. 2012-1521 K C], decided herewith), the order, insofar as appealed from, is reversed, and plaintiffs' cross motion for summary judgment is denied.

Aliotta, J.P., Pesce and Weston, JJ., concur.
Decision Date: March 21, 2014