ISLAND LIFE CHIROPRACTIC PAIN CARE PLLC v. WINDHAVEN INSURANCE COMPANY (2019)

Supreme Court, Appellate Term, New York.

ISLAND LIFE CHIROPRACTIC PAIN CARE, PLLC, as Assignee of Jackson, Vicki, Respondent, v. WINDHAVEN INSURANCE COMPANY, Appellant.

2017-1883 K C

Decided: July 12, 2019

PRESENT: MICHELLE WESTON, J.P., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ

Lawrence N. Rogak, LLP (Lawrence N. Rogak of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for respondent.

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

For the reasons stated in Masigla, as Assignee of Jackson, Vicki v. Windhaven Ins. Co. (––– Misc 3d ––––, 2019 NY Slip Op –––– [appeal No. 2017-2108 K C], decided herewith), the order denying defendant's motion for summary judgment dismissing the complaint is affirmed.

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

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