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This opinion is uncorrected and will not be published in the printed Official Reports.
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
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