Opinion
2009-2361 K C.
Decided April 11, 2011.
Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Marie Jimenez, J.), entered September 8, 2009. The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for summary judgment.
ORDERED that the order is reversed, without costs, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.
PRESENT: GOLIA, J.P., PESCE and RIOS, JJ.
For the reasons stated in Nature Acupuncture, P.C. as Assignee of Andre Wetner v MVAIC ( ___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2009-2311 K C], decided herewith), the order is reversed, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.
Golia, J.P., Pesce and Rios, JJ., concur.