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Blr Chiropractic, P.C. As Assignee of John Galarza v. Mvaic

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


October 18, 2011

BLR CHIROPRACTIC, P.C. AS ASSIGNEE OF JOHN GALARZA,
RESPONDENT,
v.
MVAIC,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered September 10, 2009, deemed from a judgment of the same court entered November 17, 2009 (see CPLR 5501 [c]).

BLR Chiropractic, P.C. v MVAIC

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This opinion is uncorrected and will not be published in the printed Official Reports.

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

The judgment, entered pursuant to the September 10, 2009 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,677.24.

ORDERED that the judgment is reversed, without costs, the order entered September 10, 2009 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in BLR Chiropractic, P.C. as Assignee of Jessica Tapia v MVAIC (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2010-917 K C], decided herewith), the judgment is reversed, the order entered September 10, 2009 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

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

Decision Date: October 18, 2011

20111018

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