Opinion
No. 2021-621 K C
12-23-2022
Energy Chiropractic, P.C., as Assignee of Shuler, Azyzah, Appellant, v. Nationwide Ins., Respondent.
Unpublished Opinion
PRESENT:: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ.
The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Ira R. Greenberg, J.), dated April 17, 2020. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for summary judgment.
ORDERED that the order is modified by providing that defendant's motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.
For the reasons stated in MSB Physical Therapy, P.C., as Assignee of Crawford, Rayisha v Nationwide Ins. (___ Misc.3d ____, 2022 NY Slip Op ____ [Appeal No. 2021-622 K C], decided herewith), the order is modified by providing that defendant's motion for summary judgment dismissing the complaint is denied.
ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.