| Unitrin Advantage Ins. Co. v 21st Century Pharm., Inc. |
| 2018 NY Slip Op 03438 [161 AD3d 495] |
| May 10, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Unitrin Advantage Insurance Company,
Respondent, v 21st Century Pharmacy, Inc., et al., Defendants, and Innovative Health Chiropractic, P.C., et al., Appellants. |
The Law Office of Gregory A. Goodman, P.C., Jericho (Gregory A. Goodman of counsel), for appellants.
Rubin, Fiorella & Friedman LLP, New York (Harlan R. Schreiber of counsel), for respondent.
Order, Supreme Court, New York County (Ellen M. Coin, J.), entered March 9, 2017, which, to the extent appealed from, denied defendants Innovative Health Chiropractic, P.C. and Kazu Acupuncture, P.C.'s motion pursuant to CPLR 3211 (a) (7) to dismiss the first through fourth causes of action as against them, unanimously affirmed, with costs.
Supreme Court correctly decided the motion brought by defendants, i.e., to dismiss for failure to state a cause of action (CPLR 3211 [a] [7]; see Leon v Martinez, 84 NY2d 83, 87-88 [1994]). On appeal, defendants rely on the standard for deciding a motion for summary judgment (CPLR 3212) and improperly attempt to shift their burden as movants onto plaintiff. Concur—Richter, J.P., Manzanet-Daniels, Webber, Oing, Moulton, JJ.