Opinion
2010-2164 K C.
10-18-2011
Brooklyn Heights Physical Therapy, P.C. as Assignee of JESSICA TAPIA, Respondent, v. MVAIC, Appellant.
PRESENT: : , P.J., RIOS and STEINHARDT, JJ
Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered May 17, 2010, deemed from a judgment of the same court entered June 9, 2010 (see CPLR 5501 [c]). The judgment, entered pursuant to the May 17, 2010 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,001.60.
ORDERED that the judgment is reversed, without costs, the order entered May 17, 2010 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.
For the reasons stated in BLR Chiropractic, P.C. as Assignee of Jessica Tapia v MVAIC (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2010-917 K C], decided herewith), the judgment is reversed, the order entered May 17, 2010 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.
Pesce, P.J., Rios and Steinhardt, JJ., concur.