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AVA ACUPUNCTURE, P.C. v. GEICO GENERAL INS. CO.

17 Misc.3d 41 (2007)

844 N.Y.S.2d 570

AVA ACUPUNCTURE, P.C., as Assignee of DMITRIY BARVINOK, Appellant, v. GEICO GENERAL INS. Co., Respondent.

Supreme Court, Appellate Term, Second Department.

September 14, 2007.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn (Darya Klein of counsel), for appellant.

Teresa M. Spina, Woodbury (Emilio A. Cacace of counsel), for respondent.

PESCE, P.J., and BELEN, J., concur; RIOS, J., concurs in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs and, upon searching the record, summary judgment granted to defendant dismissing plaintiff's cause of action with respect to those portions of plaintiff's claims seeking reimbursement of the unpaid balance of 23 acupuncture sessions conducted between February 9 and April 4, 2004.

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