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W.H.O. Acupuncture, P.C. As Assignee of Charles Rodriguez, Appellant v. Geico General Ins. Co.

May 11, 2012

W.H.O. ACUPUNCTURE, P.C. AS ASSIGNEE OF CHARLES RODRIGUEZ, APPELLANT,
v.
GEICO GENERAL INS. CO., RESPONDENT.



Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O'Connor, J.), entered October 25, 2010.

W.H.O. Acupuncture, P.C. v GEICO Gen. 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 11, 2012

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

The order, insofar as appealed from as limited by the brief, granted defendant's cross motion for summary judgment dismissing the complaint. The appeal is deemed from a judgment of the same court entered December 15, 2011, pursuant to the order entered October 25, 2010, dismissing the complaint (see CPLR 5501 [c]).

ORDERED that the judgment is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as granted defendant's cross motion for summary judgment dismissing the complaint. A judgment was subsequently entered, from which the appeal is deemed to have been taken (see CPLR 5501 [c]).

Contrary to plaintiff's sole argument on appeal, the record does not demonstrate the existence of a triable issue of fact as to whether defendant denied any of the claims at issue. Accordingly, the judgment is affirmed.

Pesce, P.J., Rios and Aliotta, JJ., concur. Decision Date: May 11, 2012

20120511

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