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K C. VIVIANE ETIENNE MEDICAL CARE, P.C. AS ASSIGNEE OF SILVIANO LOPEZ, ap, v. GEICO GENERAL INS. CO., res

2010-2853 K C. VIVIANE ETIENNE MEDICAL CARE, P.C. AS ASSIGNEE OF SILVIANO LOPEZ, ap, v. GEICO GENERAL INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered March 10, 2010. The order, insofar as appealed from as limited by the brief, granted defendant's cross motion for summary judgment dismissing the complaint. The appeal is deemed to be from a judgment of the same court entered May 7, 2010 dismissing the complaint (see CPLR 5501 [c]).

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2010-2853 K C. VIVIANE ETIENNE MEDICAL CARE, P.C. AS ASSIGNEE OF SILVIANO LOPEZ, ap, v. GEICO GENERAL INS. CO., res — Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered March 10, 2010. The order, insofar as appealed from as limited by the brief, granted defendant’s cross motion for summary judgment dismissing the complaint. The appeal is deemed to be from a judgment of the same court entered May 7, 2010 dismissing the complaint (see CPLR 5501 [c]).

ORDERED that the judgment is reversed, without costs, so much of the order entered March 10, 2010 as granted the branches of defendant’s cross motion seeking summary judgment dismissing the complaint insofar as it sought to recover upon claims for dates of service April 13, 2005 and May 17, 2005, and so much of the claim for date of service April 28, 2005 as sought the unpaid sum of $27.88 is vacated, and those branches of defendant’s cross motion are denied.

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