January 11, 2011

Greater Health Through Chiropractic, P.C. v Motor Veh. Acc. Indem. Corp. (2011 NY Slip Op 00183)

Headnote

In an action against MVAIC for no-fault medical payments, MVAIC appealed from an order denying that branch of its motion seeking summary judgment dismissing the complaint. The Appellate Division relied on its opinion in the companion appeal, Englington Med., P.C. v Motor Veh. Acc. Indem. Corp. The court concluded the Appellate Term properly affirmed the Civil Court's denial of summary judgment. The order was affirmed.

Reported in New York Official Reports at Greater Health Through Chiropractic, P.C. v Motor Veh. Acc. Indem. Corp. (2011 NY Slip Op 00183)

Greater Health Through Chiropractic, P.C. v Motor Veh. Acc. Indem. Corp.
2011 NY Slip Op 00183 [80 AD3d 561]
January 11, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2011


Greater Health Through Chiropractic, P.C., as Assignee of Victoria Cruz, Respondent,
v
Motor Vehicle Accident Indemnification Corporation, Appellant.

—[*1] 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.

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., 81 AD3d 223 [2011] [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.