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MIA ACUPUNCTURE v. PRAETORIAN

2010-1594 K C.

35 Misc.3d 69 (2011)

946 N.Y.S.2d 395

2011 NY Slip Op 21480

MIA ACUPUNCTURE, P.C., as Assignee of Fidel Williams, Respondent, v. PRAETORIAN INS. Co., Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided December 29, 2011.

Attorney(s) appearing for the Case

Law Offices of Ilona Finkelshteyn, P.C., Brooklyn, for respondent. Law Offices of Moira Doherty, P.C., Bethpage ( Kevin R. Glynn of counsel), for appellant.

PESCE, P.J., and STEINHARDT, J., concur; GOLIA, J., dissents in part and concurs in part in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is modified by providing that the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as seeks to recover the portion of plaintiff's September 10, 2007 claim that was for services rendered from August 29, 2007 through September 6, 2007 is granted; as so modified, the order, insofar...

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