| Top Choice Med., P.C. v Country-Wide Ins. Co. |
| 2015 NY Slip Op 50806(U) [47 Misc 3d 153(A)] |
| Decided on May 19, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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, Kings County (Dawn Jimenez Salta, J.), entered September 12, 2012. The order, insofar as appealed from and as limited by the brief, denied the branches of plaintiff's motion seeking summary judgment on so much of the complaint as sought to recover upon claims for $532.85 and $477.50 and granted the branches of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon those claims.
ORDERED that the order, insofar as appealed from, is modified by providing that the branches of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims for $532.85 and $477.50 are denied; as so modified, the order, insofar as appealed from, is affirmed, without costs.
For the reasons stated in New York Diagnostic Med. Care, P.C. as Assignee of Carlos Martinez v Country-Wide Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-356 K C], decided herewith), the order, insofar as appealed from, is modified by providing that the branches of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims for $532.85 and $477.50 are denied.
Pesce, P.J., Aliotta and Solomon, JJ., concur.