Devonshire Surg. Faci. v. American Tr.

Full title: DEVONSHIRE SURGICAL FACILITY AND CARNEGIE HILL ORTHOPEDIC SERVICES, P.C.…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Apr 5, 2011

2011 N.Y. Slip Op. 50514 (N.Y. App. Term 2011)

Opinion

Decided April 5, 2011.

Plaintiffs appeal from an order of the Civil Court of the City of New York, New York County (Arlene P. Bluth, J.), dated June 4, 2008, which denied their motion for summary judgment on the complaint.

PRESENT: SCHOENFELD, J.P., SHULMAN, HUNTER, Jr., JJ.

PER CURIAM.

Order (Arlene P. Bluth, J.), dated June 4, 2008, modified to grant (1) summary judgment in favor of plaintiff Devonshire Surgical Facility in the principal sum of $3,000 and (2) partial summary judgment in favor of plaintiff Carnegie Hill Orthopedic Services, P.C. in the principal sum of $7,835.29; and, as so modified, order affirmed without costs. The Clerk is directed to enter judgment accordingly ( see Devonshire Surgical Facility v American Tr. Ins. Co., Cal. No. 11-012, decided simultaneously herewith).

THIS CONSTITUTES THE ORDER OF THE COURT.