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Fu Kun Wu, L.Ac., As Assignee of Viktoriya Yakhnis, Appellant v. Tri State Consumer Ins. Co.

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


January 14, 2013

FU KUN WU, L.AC., AS ASSIGNEE OF VIKTORIYA YAKHNIS, APPELLANT, --
v.
TRI STATE CONSUMER INS. CO., RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Kathryn E. Freed, J.), entered December 2, 2009.

Fu Kun Wu, L.Ac. v Tri State Consumer Ins. Co

Decided on January 14, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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., WESTON and RIOS, JJ

The order, insofar as appealed from, granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the appeal is dismissed.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as granted defendant's motion for summary judgment dismissing the complaint.

Subsequent to the entry of the order from which plaintiff appeals, plaintiff executed a release bearing the caption of the instant case as well as its index number, which stated that plaintiff released all claims "ever had, now have or hereafter can, shall or may, have for, upon or by reason of, an assignment of rights from [its assignor], insofar as the foregoing relates to the claims forming the object of the instant action." Inasmuch as the claims at issue on this appeal were interposed in plaintiff's complaint in this action, plaintiff voluntarily relinquished any right to recover upon these claims (see UCC 1-107).

Pesce, P.J., Weston and Rios, JJ., concur. Decision Date: January 14, 2013

20130114

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