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Doctor Richard Medical, P.C. As Assignee of andre Wetner v. Mvaic

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


April 11, 2011

DOCTOR RICHARD MEDICAL, P.C. AS ASSIGNEE OF ANDRE WETNER, RESPONDENT,
v.
MVAIC,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Marie Jimenez, J.), entered September 8, 2009.

Doctor Richard Med., P.C. v MVAIC

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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 11, 2011

PRESENT: GOLIA, J.P., PESCE and RIOS, JJ

The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiff's

cross motion for summary judgment.

ORDERED that the order is reversed, without costs, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.

For the reasons stated in Nature Acupuncture, P.C. as Assignee of Andre Wetner v MVAIC (__ Misc 3d __, 2011 NY Slip Op _____ [Appeal No. 2009-2311 K C], decided herewith), the order is reversed, defendant's motion for summary judgment dismissing the complaint is granted and plaintiff's cross motion for summary judgment is denied.

Golia, J.P., Pesce and Rios, JJ., concur.

Decision Date: April 11,2011

20110411

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