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Apollo Chiropractic Care, P.C. v MVAIC
2016 NY Slip Op 50213(U) [50 Misc 3d 142(A)]
Decided on February 23, 2016
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 23, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : MARANO, P.J., GARGUILO and CONNOLLY, JJ.
2013-109 S C

Apollo Chiropractic Care, P.C. as Assignee of MEGAN RICE, Respondent,

against

MVAIC, Appellant.


Appeal from a judgment of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), entered September 18, 2012. The judgment, upon an agreed statement of facts, awarded plaintiff the principal sum of $122.13.

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the District Court where the parties may stipulate to a more definite statement of facts or proceed to trial on the disputed issue in accordance with the decision herein.

For the reasons stated in Apollo Chiropractic Care, P.C. as Assignee of Rocky Luther v MVAIC (___Misc 3d ____, 2016 NY Slip Op ______ [appeal No. 2013-107 S C], decided herewith), the judgment is reversed and the matter is remitted to the District Court where the parties may stipulate to a more definite statement of facts or proceed to trial on the disputed issue.

Marano, P.J., Garguilo and Connolly, JJ., concur.


Decision Date: February 23, 2016