LMS Acupuncture, P.C. v. Geico Ins. Co.

Full title: LMS ACUPUNCTURE, P.C. as Assignee of Sherry Ann Lovell, Respondent, v…

Court: Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Mar 11, 2014

42 Misc. 3d 150 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 50416

986 N.Y.S.2d 866

Opinion

No. 2012–522 K C.

2014-03-11

LMS ACUPUNCTURE, P.C. as Assignee of Sherry Ann Lovell, Respondent, v. GEICO INSURANCE COMPANY, Appellant.

Accordingly, the order, insofar as appealed from, is modified by providing that the branches of defendant's cross motion seeking summary judgment dismissing the complaint, except for so much of the complaint as sought to recover upon plaintiff's claim for $80.02 for date of service August 2, 2010, are granted.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.