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MATTER OF COUNTRY-WIDE INS. CO. v. TC ACUPUNCTURE, P.C.

653844/15. Appeal No. 13175N. Case No. 2019-200.

191 A.D.3d 557 (2021)

138 N.Y.S.3d 864

2021 NY Slip Op 01120

In the Matter of Country-Wide Insurance Company, Respondent, v. TC Acupuncture, P.C., as Assignee of Darrius Williams, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 18, 2021.

Attorney(s) appearing for the Case

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

Jaffe & Velazquez LLP, New York ( Thomas Torto of counsel), for respondent.

Concur—Renwick, J.P., Kern, Singh, Shulman, JJ.

Although the motion court purported to deny respondent's motion for reargument, it effectively granted the motion by addressing the merits. Accordingly, the order is appealable (CPLR 5701[a][2][viii]; Castillo v Mount Sinai Hosp., 140 A.D.3d 619, 620 [1st Dept 2016], lv denied 28 N.Y.3d 913 [2017]).

As respondent argued, the court overlooked...

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