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K C. COMPAS MEDICAL, P.C. as Assignee of MARK SCARDE, res, v. PRAETORIAN INS. CO., ap

2011-563 K C. COMPAS MEDICAL, P.C. as Assignee of MARK SCARDE, res, v. PRAETORIAN INS. CO., ap — Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered November 29, 2010, deemed from a judgment of the same court, entered December 13, 2010 (see CPLR 5512 [a]). The judgment, entered pursuant to the November 29, 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 $2,773.22.

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2011-563 K C. COMPAS MEDICAL, P.C. as Assignee of MARK SCARDE, res, v. PRAETORIAN INS. CO., ap — Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered November 29, 2010, deemed from a judgment of the same court, entered December 13, 2010 (see CPLR 5512 [a]). The judgment, entered pursuant to the November 29, 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 $2,773.22.

ORDERED that the judgment is reversed, with $30 costs, so much of the order entered November 29, 2010 as granted plaintiff’s motion for summary judgment and denied the branches of defendant’s cross motion seeking summary judgment dismissing plaintiff’s first, third, fourth, fifth, sixth, seventh and ninth causes of action is vacated, plaintiff’s motion is denied, and those branches of defendant’s cross motion are granted.

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