Opinion
2013-70 Q C
05-05-2015
St. Chiropractic, P.C. as Assignee of WILKYS ABREU, Respondent, v. Ameriprise Auto & Home, Appellant.
PRESENT: : , WESTON and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Queens County (Maureen A. Healy, J.), entered November 5, 2012, deemed from a judgment of the same court entered December 3, 2012 (see CPLR 5501 [c]). The judgment, entered pursuant to the November 5, 2012 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $796.14.
ORDERED that the judgment is reversed, without costs, so much of the order entered November 5, 2012 as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion is denied.
For the reasons stated in Avicenna Med. Arts, P.L.L.C. as Assignee of Wilkys Abreu v Ameriprise Auto & Home (— Misc 3d &mdash, 2015 NY Slip Op — [appeal No. 2013-66 Q C], decided herewith), the judgment is reversed, so much of the order entered November 5, 2012 as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion is denied.
Pesce, P.J., Weston and Aliotta, JJ., concur.
Decision Date: May 05, 2015