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Avenue I Medical, P.C. As Assignee of Leroy Taiste v. Infinity Insurance Company

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts


October 16, 2012

AVENUE I MEDICAL, P.C. AS ASSIGNEE OF LEROY TAISTE,
RESPONDENT,
v.
INFINITY INSURANCE COMPANY,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 11, 2011.

Avenue I Med., P.C. v Infinity 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 16, 2012

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

The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

For the reasons stated in W.H.O. Acupuncture, P.C. v Infinity Ins. Co. (___ Misc 3d ___, 2012 NY Slip Op ______ [Appeal No. 2011-1975 K C], decided herewith), the order is affirmed. Pesce, P.J., Weston and Rios, JJ., concur.

Decision Date: October 16, 2012

20121016

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