Opinion
2009-1948 K C.
Decided February 14, 2011.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), dated June 23, 2009. The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiffs' cross motion for summary judgment.
ORDERED that the order is modified by providing that plaintiffs' cross motion for summary judgment is denied; as so modified, the order is affirmed, without costs.
PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ.
For the reasons stated in Arco Med. NY, P.C. and Janaa Physical Therapy, P.C. as Assignees of Jermaine Rouse v New York Cent. Mut. Fire Ins. Co. ( ___ Misc 3d ___, 2010 NY Slip Op ___ [Appeal No. 2009-1733 K C, decided herewith]), the order is modified as set forth above.
Steinhardt, J.P., Pesce and Weston, JJ., concur.