New Way Acupuncture, P.C. v. N.Y. Cent. Mut. Fire Ins. Co.

Full title: New Way Acupuncture, P.C. as Assignee of MARINA VYSTOROPSKAIA, Appellant…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Nov 19, 2015

2015 N.Y. Slip Op. 51707 (N.Y. App. Term 2015)

26 N.Y.S.3d 725

Opinion

2013-1434 K C

11-19-2015

New Way Acupuncture, P.C. as Assignee of MARINA VYSTOROPSKAIA, Appellant, v. New York Central Mutual Fire Ins. Co., Respondent.

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

PRESENT: :

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 15, 2013. The order, insofar as appealed from, granted the branches of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portions of claims for $2,015, $320 and $550, and denied the branches of plaintiff's cross motion seeking summary judgment upon that portion of the complaint.

ORDERED that the order, insofar as appealed from, is modified by providing that the branches of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portions of claims for $2,015, $320 and $550 are denied; as so modified, the order is affirmed, without costs.

For the reasons stated in New Way Acupuncture, P.C. as Assignee of Igor Kris v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2013-1428 K C], decided herewith), the order, insofar as appealed from, is modified as set forth above.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: November 19, 2015