November 1, 2017

Easy Care Acupuncture, PC v Hartford Ins. Co. (2017 NY Slip Op 51471(U))

Headnote

The court considered the appeal from an order of the Civil Court of the City of New York, where the defendant's motion for summary judgment dismissing the complaint and denying the plaintiff's cross-motion for summary judgment was granted. The main issue decided was whether the trial court erred in granting the defendant's motion for summary judgment and denying the plaintiff's cross-motion. The holding of the case was that the order of the Civil Court was modified to the extent of denying the defendant's motion for summary judgment and reinstating the complaint. The court affirmed the order as modified, with costs.

Reported in New York Official Reports at Easy Care Acupuncture, PC v Hartford Ins. Co. (2017 NY Slip Op 51471(U))

Easy Care Acupuncture, PC v Hartford Ins. Co. (2017 NY Slip Op 51471(U)) [*1]

Easy Care Acupuncture, PC v Hartford Ins. Co.

2017 NY Slip Op 51471(U) [57 Misc 3d 147(A)]

Decided on November 1, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 1, 2017

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Ling-Cohan, Gonzalez, JJ.
570223/17

Easy Care Acupuncture, PC, a/a/o Jonathan Nuamah, Plaintiff-Appellant,
against
The Hartford Ins. Co., Defendant-Respondent.

Plaintiff, as limited by its briefs, appeals from so much of an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), dated July 9, 2014, as granted defendant’s motion for summary judgment dismissing the complaint, and denied plaintiff’s cross-motion for summary judgment, in an action to recover no-fault benefits in the sum of $2,255.

Per Curiam.

Order (Gerald Lebovits, J.), dated July 9, 2014, modified to the extent of denying defendant’s motion for summary judgment and reinstating the complaint; as modified, order affirmed, with $10 costs. (see Easy Care Acupuncture, PC v The Hartford Ins. Co., appeal numbered 17-179, decided herewith.)

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: November 01, 2017