Opinion
2006-2033 Q C.
Decided February 29, 2008.
Appeal from an order of the Civil Court of the City of New York, Queens County (Cynthia Kern, J.), dated July 14, 2006, deemed from a judgment entered August 16, 2006 (see CPLR 5501 [c]). The judgment, entered pursuant to the July 14, 2006 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $1,099.44.
Judgment affirmed without costs.
PRESENT: PESCE, P.J., and RIOS, J.
Unlike the case of Impulse Chiropractic, P.C. a/a/o Devi Matiashvili v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2008 NY Slip Op ___ [No. 2006-2032 Q C], decided herewith), in the instant case, defendant notified the Attorney General that it is challenging, on appeal, the constitutionality of CPLR 2309 (c) (Executive Law § 71; CPLR 1012). The judgment is affirmed, however, for the remaining reasons set forth in the aforementioned case.
Pesce, P.J., and Rios, J., concur.