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VITALITY CHIROPRACTIC, P.C. v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

17 Misc.3d 34 (2007)

844 N.Y.S.2d 561

VITALITY CHIROPRACTIC, P.C., as Assignee of NATALYE KONOVALOVA, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

August 20, 2007.

Attorney(s) appearing for the Case

Gullo & Associates, LLP, Brooklyn (Anthony De Guerre of counsel), for appellant.

Alden Banniettis, Brooklyn (Jeff Henle of counsel), for respondent.

PESCE, P.J., and BELEN, J., concur; WESTON PATTERSON, J., concurs in part and dissents in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs and matter remanded to the court below for a new trial.

At the outset of the trial, the court accepted plaintiff's position that it had already established a prima facie case on the ground that another court, in denying plaintiff's prior motion for summary judgment, had noted that plaintiff established its prima facie case upon said...

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