Viviane Etienne Med. Care, P.C. v. Geico Gen. Ins. Co.

Full title: Viviane Etienne Medical Care, P.C. as Assignee of DANNY VELASQUEZ…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Nov 4, 2011

2011 N.Y. Slip Op. 52067 (N.Y. App. Term 2011)

Opinion

2010-745 K C

11-04-2011

Viviane Etienne Medical Care, P.C. as Assignee of DANNY VELASQUEZ, Respondent, v. Geico General Ins. Co., Appellant.

PESCE

PRESENT: : , P.J., WESTON and RIOS, JJ

Appeal from an order of the Civil Court of the City of New York, Kings County (Sylvia G. Ash, J.), entered January 20, 2010. The order, insofar as appealed from as limited by the brief, implicitly granted the branch of plaintiff's motion seeking an order finding, for all purposes in the action, that plaintiff had established its prima facie case.

ORDERED that the order, insofar as appealed from, is reversed, without costs, and the branch of plaintiff's motion seeking an order finding, for all purposes in the action, that plaintiff had established its prima facie case is denied.

For the reasons stated in Raz Acupuncture P.C. as Assignee of Marina Babayeva v GEICO General Ins. Co. (___Misc 3d___, 2011 NY Slip Op _____ [Appeal No. 2010-735 K C], decided herewith), the order, insofar as appealed from, is reversed, and the branch of plaintiff's motion seeking a finding, pursuant to CPLR 3212 (g), that plaintiff had established its prima case facie for all purposes in the action is denied.

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