V.S. Care Acupuncture, P.C. v. IDS Prop. & Cas. Ins. Co.

Full title: V.S. Care Acupuncture, P.C., as Assignee of Paul King, Respondent, v. IDS…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Sep 13, 2018

2018 N.Y. Slip Op. 84169 (N.Y. App. Term 2018)

Opinion

Motion No: 2016-00717 KC

09-13-2018

V.S. Care Acupuncture, P.C., as Assignee of Paul King, Respondent, v. IDS Property & Casualty Insurance Company, Appellant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Appeal from so much of an order of the Civil Court of the City of New York, Kings County, entered November 6, 2015, as denied the branch of appellant's motion seeking summary judgment dismissing so much of the complaint as sought to recover upon a claim for dates of service July 7, 2009 through August 4, 2009, and granted the branch of respondent's cross motion seeking summary judgment upon that portion of the complaint.

On the court's own motion, it is

ORDERED that the appeal is dismissed, as the order entered November 6, 2015, insofar as appealed from, was vacated by an order of that court entered June 16, 2017, made upon reargument.

ENTER:

Paul Kenny

Chief Clerk