K C. MORRIS MEDICAL, P.C. as Assignee of ORSINI FERNANDEZ, res, v. AMEX ASSURANCE COMPANY, ap

2010-3227 K C. MORRIS MEDICAL, P.C. as Assignee of ORSINI FERNANDEZ, res, v. AMEX ASSURANCE COMPANY, ap — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), dated August 17, 2010, deemed from a judgment of the same court entered September 13, 2010 (see CPLR 5512 [a]). The judgment, entered pursuant to the August 17, 2010 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,759.59.

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2010-3227 K C. MORRIS MEDICAL, P.C. as Assignee of ORSINI FERNANDEZ, res, v. AMEX ASSURANCE COMPANY, ap — Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), dated August 17, 2010, deemed from a judgment of the same court entered September 13, 2010 (see CPLR 5512 [a]). The judgment, entered pursuant to the August 17, 2010 order granting plaintiff’s motion for summary judgment and denying defendant’s cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,759.59.

ORDERED that the judgment is reversed, without costs, so much of the order dated August 17, 2010 as granted the branches of plaintiff’s motion seeking summary judgment with respect to its claims for $297.57, $365.17, $241.53, $177.71, $270.40 and $42.51 and denied the branches of defendant’s cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon those claims is vacated, the branches of plaintiff’s motion seeking summary judgment with respect to those claims are denied and the branches of defendant’s cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon those claims are granted.

K C. MORRIS MEDICAL, P.C. as Assignee of ORSINI FERNANDEZ, res, v. AMEX ASSURANCE COMPANY, ap

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