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Viviane Etienne Medical Care, P.C. As Assignee of Berta Rodas Acevedo v. Auto One Ins. Co

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


October 11, 2011

VIVIANE ETIENNE MEDICAL CARE, P.C. AS ASSIGNEE OF BERTA RODAS ACEVEDO,
APPELLANT,
v.
AUTO ONE INS. CO.,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards), entered June 18, 2009.

Viviane Etienne Med. Care, P.C. v Auto One Ins. Co.

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This opinion is uncorrected and will not be published in the printed Official Reports.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

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

The order denied plaintiff's motion for summary judgment and granted defendant's cross motion to dismiss the complaint.

ORDERED that the order is affirmed, without costs.

For the reasons stated in Viviane Etienne Med. Care, P.C. as Assignee of Telmo Carchipulla v Auto One Ins. Co. (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2009-1813 K C], decided herewith), the order is affirmed.

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

Decision Date: October 11, 2011

20111011

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