Q C. BARAKAT MEDICAL CARE, P.C. as Assignee of SERITA FIELDS-SUBRYAN, res, v. PRAETORIAN INS. CO., ap

2011-767 Q C. BARAKAT MEDICAL CARE, P.C. as Assignee of SERITA FIELDS-SUBRYAN, res, v. PRAETORIAN INS. CO., ap — Appeal from an order of the Civil Court of the City of New York, Queens County (Leslie J. Purificacion, J.), entered January 13, 2011. The order, insofar as appealed from, granted the branch of plaintiff's motion seeking summary judgment upon so much of the complaint as sought to recover upon claims for dates of service December 18, 2008 and May 18, 2009, and denied the branch of defendant's cross motion seeking summary judgment dismissing that portion of the complaint. The appeal is deemed to be from a judgment of the same court entered February 4, 2011 awarding plaintiff the principal sum of $1,780.19 (see CPLR 5501 [c]).

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2011-767 Q C. BARAKAT MEDICAL CARE, P.C. as Assignee of SERITA FIELDS-SUBRYAN, res, v. PRAETORIAN INS. CO., ap — Appeal from an order of the Civil Court of the City of New York, Queens County (Leslie J. Purificacion, J.), entered January 13, 2011. The order, insofar as appealed from, granted the branch of plaintiff’s motion seeking summary judgment upon so much of the complaint as sought to recover upon claims for dates of service December 18, 2008 and May 18, 2009, and denied the branch of defendant’s cross motion seeking summary judgment dismissing that portion of the complaint. The appeal is deemed to be from a judgment of the same court entered February 4, 2011 awarding plaintiff the principal sum of $1,780.19 (see CPLR 5501 [c]).

ORDERED that the judgment is reversed, with $30 costs, so much of the order entered January 13, 2011 as granted the branch of plaintiff’s motion seeking summary judgment upon so much of the complaint as sought to recover upon claims for dates of service December 18, 2008 and May 18, 2009, and denied the branch of defendant’s cross motion seeking summary judgment dismissing that portion of the complaint is vacated, that branch of plaintiff’s motion is denied, and that branch of defendant’s cross motion is granted.

Q C. BARAKAT MEDICAL CARE, P.C. as Assignee of SERITA FIELDS-SUBRYAN, res, v. PRAETORIAN INS. CO., ap

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