Gaetane Physical Therapy, P.C. v Kemper Auto & Home Ins. Co. (2016 NY Slip Op 50256(U))

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Gaetane Physical Therapy, P.C. v Kemper Auto & Home Ins. Co.

2016 NY Slip Op 50256(U) [50 Misc 3d 144(A)]

Decided on March 1, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 1, 2016

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

PRESENT: : PESCE, P.J., WESTON and SOLOMON, JJ.
2014-968 K C

Gaetane Physical Therapy, P.C., as Assignee of MANUEL DELVA, Appellant,

against

Kemper Auto & Home Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered November 27, 2013. The order denied plaintiff's motion to restore the action to the trial calendar.

ORDERED that the order is affirmed, with $25 costs.

For the reasons stated in Gaetane Physical Therapy, P.C., as Assignee of Manuel Delva v Kemper Auto & Home Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2014-936 K C], decided herewith), the order is affirmed.

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

Decision Date: March 01, 2016