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Healing Art Acupuncture, P.C. v American Commerce Ins. Co.
2016 NY Slip Op 50326(U) [50 Misc 3d 148(A)]
Decided on March 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 15, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2013-1357 K C

Healing Art Acupuncture, P.C. as Assignee of Eric Blackman, Appellant,

against

American Commerce Insurance Company, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 18, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

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

For the reasons stated in GBI Acupuncture, P.C. as Assignee of Brenetta Selver v State Farm Mut. Auto. Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-1477 K C], decided herewith), the order is affirmed.

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


Decision Date: March 15, 2016