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Sebastian Medical, P.C. As Assignee of Elizabeth Rainey v. Mvaic

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


December 23, 2011

SEBASTIAN MEDICAL, P.C. AS ASSIGNEE OF ELIZABETH RAINEY,
RESPONDENT,
v.
MVAIC, APPELLANT.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Thomas D. Raffaele, J.), entered March 6, 2009.

Sebastian Med., P.C. v MVAIC

Decided on December 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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, after a non-jury trial, awarded plaintiff the principal sum of $2,730. The appeal from the judgment brings up for review an order of the same court (Diane A. Lebedeff, J.) entered February 13, 2009 which granted plaintiff's motion to vacate a prior order entered on default and, upon such vacatur, denied defendant's underlying motion for summary judgment.

ORDERED that the judgment is reversed, without costs, so much of the order entered February 13, 2009 as denied defendant's underlying motion for summary judgment dismissing the complaint is vacated, and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Whole Health Acupuncture, P.C. v MVAIC (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2010-1616 Q C], decided herewith), the judgment is reversed, so much of the order entered February 13, 2009 as denied defendant's underlying motion for summary judgment dismissing the complaint is vacated, and defendant's motion for summary judgment dismissing the complaint is granted.

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

Decision Date: December 23, 2011

20111223

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