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VE Med. Care, P.C. v GEICO Gen. Ins. Co. (2011 NY Slip Op 52065(U))
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Decided on November 4, 2011
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ 2010-742 K C.
VE Medical Care, P.C. as Assignee of DORIS PICHARDO, Respondent,
against
Geico General Ins. Co., Appellant.
Appeal from an order of the Civil Court of the City of New York, Kings County (Sylvia G. Ash, J.), entered January 19, 2010. The order, insofar as appealed from as limited by the brief, implicitly granted the branch of plaintiff's motion seeking an order finding, for all purposes in the action, that plaintiff had established its prima facie case.
ORDERED that the order, insofar as appealed from, is reversed, without costs, and the branch of plaintiff's motion seeking an order finding, for all purposes in the action, that plaintiff had established its prima facie case is denied.
For the reasons stated in Raz Acupuncture P.C. as Assignee of Marina Babayeva v GEICO General Ins. Co. (___Misc 3d___, 2011 NY Slip Op _____ [Appeal No. 2010-735 K C], decided
file:///C|/Users/Peter/Desktop/NY/1/2011_52065.htm[4/21/2013 12:32:39 PM] VE Med. Care, P.C. v GEICO Gen. Ins. Co. (2011 NY Slip Op 52065(U))
herewith), the order, insofar as appealed from, is reversed, and the branch of plaintiff's motion seeking a finding, pursuant to CPLR 3212 (g), that plaintiff had established its prima case facie for all purposes in the action is denied. Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: November 04, 2011
file:///C|/Users/Peter/Desktop/NY/1/2011_52065.htm[4/21/2013 12:32:39 PM]

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