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Functional Physical Therapy, P.C. As Assignee of Mary You and Antoinette Walker, Respondent v. Utica Mutual Ins. Co.

February 21, 2012

FUNCTIONAL PHYSICAL THERAPY, P.C. AS ASSIGNEE OF MARY YOU AND ANTOINETTE WALKER, RESPONDENT, --
v.
UTICA MUTUAL INS. CO., APPELLANT.



Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered June 18, 2010.

Functional Physical Therapy, P.C. v Utica Mut. 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 21, 2012

PRESENT: GOLIA, J.P., WESTON and RIOS, JJ

The order denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Andromeda Med. Care, P.C. v Utica Mut. Ins. Co. (___Misc 3d ___, 2012 NY Slip Op ______ [Appeal No. 2010-2013 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

Golia, J.P., and Weston, J., concur.

Rios, J., dissents in a separate memorandum.

Rios, J., dissents and votes to affirm the order in the following memorandum:

For the reasons stated in my dissent in Andromeda Med. Care, P.C. v Utica Mut. Ins. Co. (___Misc 3d ___, 2012 NY Slip Op ______ [Appeal No. 2010-2013 K C], ...


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