Greater Health Through Chiropractic, P.C., as assignee of Victoria Cruz, respondent, v. Motor Vehicle Accident Indemnification Corporation, appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

Greater Health Through Chiropractic, P.C., as assignee of Victoria Cruz, respondent, v. Motor Vehicle Accident Indemnification Corporation, appellant.

2009-01664 (Index No. 24890 /06)

Decided: January 11, 2011

JOSEPH COVELLO, J.P. DANIEL D. ANGIOLILLO JOHN M. LEVENTHAL SANDRA L. SGROI, JJ.

Morris, Duffy, Alonso & Faley, New York, N.Y. (Anna J. Ervolina and Andrea M. Alonso of counsel), for appellant. Gary Tsirelman, P.C., Brooklyn, N.Y. (Max Valerio and Darya Klein of counsel), for respondent.

Argued-June 11, 2010

DECISION & ORDER

In an action to recover no-fault medical payments pursuant to Insurance Law article 52, the defendant appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Second, Eleventh, and Thirteen Judicial Districts, dated October 31, 2008, which affirmed an order of the Civil Court, Kings County (King, J.), entered September 11, 2007, denying that branch of its motion which was for summary judgment dismissing the complaint.

ORDERED that the order dated October 31, 2008, is affirmed, with costs.

For the reasons set forth in the opinion and order in a companion appeal (see Englington Med., P.C. v Motor Veh. Acc. Indem. Corp., AD3d [decided herewith] ), the Appellate Term of the Supreme Court for the Second, Eleventh, and Thirteenth Judicial Districts properly affirmed the order of the Civil Court, Kings County, denying that branch of the defendant's motion which was for summary judgment dismissing the complaint.

COVELLO, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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