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Island Life Chiropractic Pain Care, PLLC v Windhaven Ins. Co.
2019 NY Slip Op 51168(U) [64 Misc 3d 137(A)]
Decided on July 12, 2019
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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 12, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHELLE WESTON, J.P., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2017-1883 K C

Island Life Chiropractic Pain Care, PLLC, as Assignee of Jackson, Vicki, Respondent,

against

Windhaven Insurance Company, Appellant.


Lawrence N. Rogak, LLP (Lawrence N. Rogak of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered June 15, 2017. The order denied defendant's motion for summary judgment dismissing the complaint.

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

For the reasons stated in Masigla, as Assignee of Jackson, Vicki v Windhaven Ins. Co. (___ Misc 3d ____, 2019 NY Slip Op ____ [appeal No. 2017-2108 K C], decided herewith), the order denying defendant's motion for summary judgment dismissing the complaint is affirmed.

WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.


ENTER:


Paul Kenny


Chief Clerk


Decision Date: July 12, 2019