Art of Healing Med., P.C. v. Am. Transit Ins. Co.

Full title: Art of Healing Medicine, P.C. as Assignee of MELDA JOASSINT, Appellant, v…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Nov 20, 2015

2015 N.Y. Slip Op. 51720 (N.Y. App. Term 2015)

Opinion

2013-1339 Q C

11-20-2015

Art of Healing Medicine, P.C. as Assignee of MELDA JOASSINT, Appellant, v. American Transit Ins. Co., Respondent.

PESCE, P.J., ALIOTTA and SOLOMON, JJ.

PRESENT: :

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered March 22, 2013. The order, insofar as appealed from as limited by the notice of appeal, denied the branch of plaintiff's motion seeking summary judgment on the third cause of action and granted the branch of defendant's cross motion seeking summary judgment dismissing that cause of action.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

For the reasons stated in Delta Diagnostic Radiology, P.C. as Assignee of Yvan Pleteau v American Tr. Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2013-745 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: November 20, 2015