Queensborough Chiro. v. Country-Wide Ins.

Full title: QUEENSBOROUGH CHIROPRACTIC, P.C. as assignee of RUBY RODGERS, Respondent…

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

Date published: May 8, 2009

2009 N.Y. Slip Op. 52503 (N.Y. App. Term 2009)

Opinion

2008-379 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, deemed from a judgment of the same court entered February 11, 2008 (see CPLR 5501 [c]). The judgment, entered pursuant to the January 22, 2008 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment, awarded plaintiff the principal sum of $2,149.84.

Judgment 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 judgment is affirmed.

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

Golia, J., dissents in a separate memorandum.

Golia, J., dissents and votes to reverse the judgment, vacate the order entered January 22, 2008 granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment, 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).