Functional Physical Therapy, P.C. v. Utica Mut. Ins. Co.

Full title: FUNCTIONAL PHYSICAL THERAPY, P.C. as Assignee of Mary You and Antoinette…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Feb 21, 2012

950 N.Y.S.2d 608 (N.Y. App. Div. 2012)

Opinion

No. 2010–2011 K C.

2012-02-21

FUNCTIONAL PHYSICAL THERAPY, P.C. as Assignee of Mary You and Antoinette Walker, Respondent, v. UTICA MUTUAL INS. CO., Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered June 18, 2010. The order denied defendant's motion for summary judgment dismissing the complaint.
Present: GOLIA, J.P., WESTON and RIOS, JJ.

ORDERED that the order is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Andromeda Med. Care, P.C. v. Utica Mut. Ins. Co. (––– Misc.3d ––––, 2012 N.Y. Slip Op –––– [Appeal No.2010–2013 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted. GOLIA, J.P., and WESTON, J., concur.
RIOS, J., dissents in a separate memorandum.

RIOS, J., dissents and votes to affirm the order in the following memorandum:

For the reasons stated in my dissent in Andromeda Med. Care, P.C. v. Utica Mut. Ins. Co. (––– Misc.3d ––––, 2012 N.Y. Slip Op –––– [Appeal No.2010–2013 K C], decided herewith), I vote to affirm the order.