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K C. W.H.O. ACUPUNCTURE, P.C. AS ASSIGNEE OF MOHAMED BLIDI, RAFAIL GIBATULLIN AND DENNIS RAMIEZ, res., v. AMERICAN TRANSIT INSURANCE COMPANY, app

2011-2036 K C. W.H.O. ACUPUNCTURE, P.C. AS ASSIGNEE OF MOHAMED BLIDI, RAFAIL GIBATULLIN AND DENNIS RAMIEZ, res., v. AMERICAN TRANSIT INSURANCE COMPANY, app. — Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered May 2, 2011. The order denied defendant's motion for summary judgment dismissing the complaint and granted plaintiff's cross motion for summary judgment.

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2011-2036 K C. W.H.O. ACUPUNCTURE, P.C. AS ASSIGNEE OF MOHAMED BLIDI, RAFAIL GIBATULLIN AND DENNIS RAMIEZ, res., v. AMERICAN TRANSIT INSURANCE COMPANY, app. — Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered May 2, 2011. The order denied defendant’s motion for summary judgment dismissing the complaint and granted plaintiff’s cross motion for summary judgment.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint and plaintiff’s cross motion for summary judgment are remitted to the Civil Court for a new determination after final resolution of a prompt application to the Workers’ Compensation Board to determine the parties’ rights under the Workers’ Compensation Law. In the event plaintiff fails to file proof with the Civil Court of such application within 90 days of the date of this decision and order, the Civil Court shall grant defendant’s motion for summary judgment dismissing the complaint and deny plaintiff’s cross motion for summary judgment unless plaintiff shows good cause why the complaint should not be dismissed.

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