December 13, 2013

Karina K. Acupuncture P.C. v MVAIC (2013 NY Slip Op 52128(U))

Headnote

A provider sued MVAIC for assigned first-party no-fault benefits, and the Civil Court, Bronx County, denied MVAIC's motion for summary judgment dismissing the complaint. The Appellate Term, First Department, issued a short order referring to a companion decision involving the same plaintiff and decided the same day. It reversed the order insofar as appealed from and granted MVAIC's motion dismissing the complaint.

Reported in New York Official Reports at Karina K. Acupuncture P.C. v MVAIC (2013 NY Slip Op 52128(U))

[*1]

Karina K. Acupuncture P.C. v MVAIC

2013 NY Slip Op 52128(U) [42 Misc 3d 126(A)]

Decided on December 13, 2013

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 13, 2013

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Hunter, Jr., Torres JJ
570674/13.

Karina K. Acupuncture P.C., a/a/o Clyde Wiggins, Plaintiff-Respondent, – –

against

MVAIC, Defendant-Appellant.

Defendant, as limited by its briefs, appeals from so much an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered September 25, 2012, as denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Fernando Tapia, J.), entered September 25, 2012, insofar as appealed from, reversed, with $10 costs, and defendant’s motion for summary judgment dismissing the complaint is granted. (See Karina Acupuncture P.C. v MVAIC, appeal numbered 13-300, decided herewith.) The Clerk is directed to enter judgment accordingly.

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: December 13, 2013