Opinion
2008-2043 Q C.
Decided January 22, 2010.
Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered September 25, 2008, deemed from a judgment of the same court entered November 5, 2008 (see CPLR 5501 [c]). The judgment, entered pursuant to the September 25, 2008 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $204.75.
ORDERED that the judgment is reversed without costs, the order entered September 25, 2008 is vacated, plaintiff's motion for summary judgment is denied and, upon searching the record, summary judgment is granted to defendant dismissing the complaint.
PRESENT: WESTON, J.P., GOLIA and STEINHARDT, JJ.
For the reasons stated in Amercure Acupuncture, P.C. a/a/o Taylor Franklin v Geico Ins. Co. ( ___ Misc 3d ___, 2009 NY Slip Op — [Appeal No. 2008-2040 Q C], decided herewith), the judgment is reversed, the order entered September 25, 2008 is vacated, plaintiff's motion for summary judgment is denied and, upon searching the record, summary judgment is granted to defendant dismissing the complaint.
Weston, J.P., Golia and Steinhardt, JJ., concur.