W.H.O. Acupuncture, P.C. v. Infinity Prop. & Cas. Co.

Full title: W.H.O. ACUPUNCTURE, P.C., as Assignee of Bird Waldon, Appellant, v…

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

Date published: May 25, 2012

35 Misc. 3d 144 (N.Y. App. Div. 2012)

2012 N.Y. Slip Op. 50977

953 N.Y.S.2d 554

Opinion

No. 2010–2743 Q C.

2012-05-25

W.H.O. ACUPUNCTURE, P.C., as Assignee of Bird Waldon, Appellant, v. INFINITY PROPERTY & CASUALTY CO., Respondent.

Present: WESTON, J.P., PESCE and RIOS, JJ.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered July 27, 2010. The order, insofar as appealed from as limited by the brief, granted defendant's motion for summary judgment dismissing the complaint. The appeal is deemed to be from a judgment of the same court entered October 7, 2010, pursuant to the July 27, 2010 order, dismissing the complaint (see CPLR 5501[c] ).

ORDERED that the judgment is affirmed, without costs.

For the reasons stated in W.H.O. Acupuncture, P.C. as Assignee of Lawrence Sherman v. Infinity Prop. & Cas. Co. (––– Misc.3d ––––, 2012 N.Y. Slip Op –––– [Appeal No.2010–2420 Q C], decided herewith), the judgment of the Civil Court is affirmed.

WESTON, J.P., PESCE and RIOS, JJ., concur.