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Aim Acupuncture, P.C. As Assignee of Raeshia Mcqueen v. Encompass Insurance

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


October 18, 2011

AIM ACUPUNCTURE, P.C. AS ASSIGNEE OF RAESHIA MCQUEEN,
RESPONDENT,
v.
ENCOMPASS INSURANCE,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered March 25, 2009, deemed from a judgment of the same court entered April 9, 2009 (see CPLR 5512 [a]; Neuman v Otto,

AIM Acupuncture, P.C. v Encompass Ins.

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This opinion is uncorrected and will not be published in the printed Official Reports.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 18, 2011

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

The judgment, entered pursuant to the March 25, 2009 order granting plaintiff's motion for summary judgment, awarded plaintiff the sum of $785.02.

ORDERED that the judgment is affirmed, without costs.

For the reasons stated in AIM Acupuncture, P.C. as Assignee of Alexander Kerron v Encompass Ins. (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2009-1018 Q C], decided herewith), the judgment is affirmed.

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

Steinhardt, J., dissents in a separate memorandum.

Steinhardt, J., dissents and votes to reverse the judgment, vacate the order entered March 25, 2009 and deny plaintiff's motion for summary judgment in the following memorandum:

For the reasons stated in my dissent in AIM Acupuncture, P.C. as Assignee of Alexander Kerron v Encompass Ins. (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2009-1018 Q C], decided herewith), I vote to reverse the judgment, vacate the order entered March 25, 2009 and deny plaintiff's motion for summary judgment.

20111018

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