Opinion
2010-778 Q C.
Decided June 30, 2011.
Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered February 24, 2010, deemed from a judgment of the same court entered March 22, 2010 (see CPLR 5501 [c]). The judgment, entered pursuant to the February 24, 2010 order denying defendant's motion for summary judgment dismissing the complaint and granting plaintiff's cross motion for summary judgment, awarded plaintiff the principal sum of $1,722.
ORDERED that the judgment is reversed, without costs, the order entered February 24, 2010 is vacated, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.
PRESENT: WESTON, J.P., PESCE and RIOS, JJ.
For the reasons stated in Sanli Acupuncture, P.C. as Assignee of Peter Paul v MVAIC ( ___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2010-514 Q C], decided herewith), the judgment is reversed, the order entered February 24, 2010 is vacated, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.
Weston, J.P., Pesce and Rios, JJ., concur.