ENERGY CHIROPRACTIC v. NATIONWIDE INSURANCE (2022)

Supreme Court, Appellate Term, New York,

ENERGY CHIROPRACTIC, P.C., as Assignee of Crawford, Rayisha, Appellant, v. NATIONWIDE INSURANCE, Respondent.

2021-589 K C

Decided: December 23, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ.

The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for respondent.

ORDERED that the order is modified by providing that defendant's motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

For the reasons stated in MSB Physical Therapy, P.C., as Assignee of Crawford, Rayisha v Nationwide Ins. (––– Misc 3d ––––, 2022 NY Slip Op –––– [Appeal No. 2021-622 K C], decided herewith), the order is modified by providing that defendant's motion for summary judgment dismissing the complaint is denied.

ALIOTTA, P.J., WESTON and TOUSSAINT, JJ., concur.

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