Queensborough Chiro. v. Country-Wide Ins.

Full title: QUEENSBOROUGH CHIROPRACTIC, P.C. as assignee of ALVIN VICTOR, Respondent…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: May 8, 2009

2009 N.Y. Slip Op. 52502 (N.Y. App. Term 2009)

Opinion

2008-378 Q C.

Decided May 8, 2009.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered January 22, 2008. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment.

Order affirmed without costs.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.

For the reasons stated in St. Vincent Med. Care, P.C. v Country-Wide Ins. Co. ( ___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2008-437 Q C], decided herewith), the order is affirmed.

Pesce, P.J., and Rios, J., concur.

Golia, J., dissents in a separate memorandum.

Golia, J., dissents and votes to reverse the order, deny plaintiff's motion for summary judgment and grant defendant's cross motion for summary judgment for the reasons stated in his dissenting opinion in St. Vincent Med. Care, P.C. v Country-Wide Ins. Co., ___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2008-437 Q C], decided herewith).