Active Chiropractic, P.C. v Praetorian Ins. Co. (2015 NY Slip Op 51669(U))

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Active Chiropractic, P.C. v Praetorian Ins. Co.

2015 NY Slip Op 51669(U) [49 Misc 3d 146(A)]

Decided on November 13, 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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 13, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-804 Q C

Active Chiropractic, P.C. as Assignee of WILLIAM HARVEY, Respondent,

against

Praetorian Ins. Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Ulysses Bernard Leverett, J.), entered February 19, 2013. The order, insofar as appealed from, denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Active Chiropractic, P.C. as Assignee of William Harvey v Praetorian Ins. Co. 013-803 Q C], decided herewith), the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment dismissing the complaint is granted.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: November 13, 2015