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K C. COLONIA MEDICAL, P.C. AS ASSIGNEE OF JENNIFER CAVENDER, CURTIS KANHAI AND CURTIS KANHAI, res, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, app

2011-2762 K C. COLONIA MEDICAL, P.C. AS ASSIGNEE OF JENNIFER CAVENDER, CURTIS KANHAI AND CURTIS KANHAI, res, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered July 25, 2011. The order, insofar as appealed from as limited by the brief, denied the branch of defendant's motion seeking summary judgment dismissing the complaint insofar as it asserted claims by plaintiff as assignee of Curtis Kanhai, and implicitly found that plaintiff had established its prima facie case.

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2011-2762 K C. COLONIA MEDICAL, P.C. AS ASSIGNEE OF JENNIFER CAVENDER, CURTIS KANHAI AND CURTIS KANHAI, res, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, app — Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered July 25, 2011. The order, insofar as appealed from as limited by the brief, denied the branch of defendant’s motion seeking summary judgment dismissing the complaint insofar as it asserted claims by plaintiff as assignee of Curtis Kanhai, and implicitly found that plaintiff had established its prima facie case.

ORDERED that the order, insofar as appealed from, is modified by striking the provision implicitly finding that plaintiff had established its prima facie case; as so modified, the order, insofar as appealed from, is affirmed, without costs.

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