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Ve Medical Care, P.C. As Assignee of Vanessa Perdomo v. Geico General Ins. Co

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


November 4, 2011

VE MEDICAL CARE, P.C. AS ASSIGNEE OF VANESSA PERDOMO,
RESPONDENT,
v.
GEICO GENERAL INS. CO.,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered January 8, 2010.

VE Med. Care, P.C. v GEICO Gen. Ins. Co.

Decided on November 4, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.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., WESTON and RIOS, JJ

The order, insofar as appealed from as limited by the brief, implicitly granted the branch of plaintiff's motion seeking an order finding, for all purposes in the action, that plaintiff had established its prima facie case.

ORDERED that the order, insofar as appealed from, is reversed, without costs, and the branch of plaintiff's motion seeking an order finding, for all purposes in the action, that plaintiff had established its prima facie case is denied.

For the reasons stated in Raz Acupuncture P.C. as Assignee of Marina Babayeva v GEICO General Ins. Co. (___Misc 3d___, 2011 NY Slip Op _____ [Appeal No. 2010-735 K C], decided herewith), the order, insofar as appealed from, is reversed, and the branch of plaintiff's motion seeking a finding, pursuant to CPLR 3212 (g), that plaintiff had established its prima case facie for all purposes in the action is denied. Pesce, P.J., Weston and Rios, JJ., concur.

Decision Date: November 04, 2011

20111104

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