Opinion
No. 2010–1238 K C.
2011-10-18
BLR CHIROPRACTIC, P.C. as Assignee of John Galarza, Respondent, v. MVAIC, Appellant.
Present: PESCE, P.J., RIOS and STEINHARDT, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered September 10, 2009, deemed from a judgment of the same court entered November 17, 2009 (see CPLR 5501[c] ). The judgment, entered pursuant to the September 10, 2009 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,677.24.
ORDERED that the judgment is reversed, without costs, the order entered September 10, 2009 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.
For the reasons stated in BLR Chiropractic, P.C. as Assignee of Jessica Tapia v. MVAIC (––– Misc.3d ––––, 2011 N.Y. Slip Op –––– [Appeal No.2010–917 K C], decided herewith), the judgment is reversed, the order entered September 10, 2009 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.