| East Gun Hill Med., P.C. v MVAIC |
| 2015 NY Slip Op 50405(U) [47 Misc 3d 128(A)] |
| Decided on March 17, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered July 3, 2012, deemed from a judgment of the same court entered September 6, 2012 (see CPLR 5501 [c]). The judgment, entered pursuant to the July 5, 2012 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $4,072.84.
ORDERED that the judgment is reversed, with $30 costs, the order entered July 5, 2012 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.
For the reasons stated in East Gun Hill Med., P.C. as Assignee of Ana Bueno v MVAIC (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2012-2445 Q C], decided herewith), the judgment is reversed, the order entered July 5, 2012 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.
Pesce, P.J., Aliotta and Solomon, JJ., concur.