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

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Nov 19, 2015
26 N.Y.S.3d 725 (N.Y. App. Div. 2015)

Opinion

No. 2013–1434KC.

11-19-2015

NEW WAY ACUPUNCTURE, P.C. as Assignee of Marina Vystoropskaia, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., Respondent.


Opinion

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 N.Y. Slip Op –––– [appeal No.2013–1428 KC], decided herewith), the order, insofar as appealed from, is modified as set forth above.

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


Summaries of

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

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Nov 19, 2015
26 N.Y.S.3d 725 (N.Y. App. Div. 2015)
Case details for

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

Case Details

Full title:NEW WAY ACUPUNCTURE, P.C. as Assignee of Marina Vystoropskaia, Appellant…

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

Date published: Nov 19, 2015

Citations

26 N.Y.S.3d 725 (N.Y. App. Div. 2015)
2015 WL 7628553