New Way Acupuncture, P.C. v New York Cent. Mut. Fire Ins. Co. (2015 NY Slip Op 51707(U))

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New Way Acupuncture, P.C. v New York Cent. Mut. Fire Ins. Co.

2015 NY Slip Op 51707(U) [49 Misc 3d 148(A)]

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 19, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1434 K C

New Way Acupuncture, P.C. as Assignee of MARINA VYSTOROPSKAIA, Appellant,

against

New York Central Mutual Fire Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 15, 2013. The order, insofar as appealed from, granted the branches of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portions of claims for $2,015, $320 and $550, and denied the branches of plaintiff's cross motion seeking summary judgment upon that portion of the complaint.

ORDERED that the order, insofar as appealed from, is modified by providing that the branches of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portions of claims for $2,015, $320 and $550 are denied; as so modified, the order is affirmed, without costs.

For the reasons stated in New Way Acupuncture, P.C. as Assignee of Igor Kris v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2013-1428 K C], decided herewith), the order, insofar as appealed from, is modified as set forth above.

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

Decision Date: November 19, 2015