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Arco Medical Ny, P.C. and Chiropractic v. New York Central Mutual Fire Insurance Company

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


February 14, 2011

ARCO MEDICAL NY, P.C. AND CHIROPRACTIC
BACK CARE OF QUEENS VILLAGE AS ASSIGNEES OF
JERMAINE ROUSE,
RESPONDENTS,
v.
NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), dated June 23, 2009. The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiffs' cross motion for summary judgment.

Arco Med. NY, P.C. v New York Cent. Mut. Fire Ins. Co.

Decided on February 14, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 14, 2011

PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ

ORDERED that the order is modified by providing that plaintiffs' cross motion for summary judgment is denied; as so modified, the order is affirmed, without costs.

For the reasons stated in Arco Med. NY, P.C. and Janaa Physical Therapy, P.C. as Assignees of Jermaine Rouse v New York Cent. Mut. Fire Ins. Co. (__ Misc 3d ___, 2010 NY Slip Op ______ [Appeal No. 2009-1733 K C, decided herewith]), the order is modified as set forth above.

Steinhardt, J.P., Pesce and Weston, JJ., concur. Decision Date: February 14, 2011

20110214

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