PARKVIEW MEDICAL & SURGICAL, P.C. AS ASSIGNEE OF EMMANUEL MARTIN, res, v. GEICO GENERAL INSURANCE COMPANY, app

2012-1650 Q C. PARKVIEW MEDICAL & SURGICAL, P.C. AS ASSIGNEE OF EMMANUEL MARTIN, res, v. GEICO GENERAL INSURANCE COMPANY, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered June 19, 2012. The order, insofar as appealed from, upon denying plaintiff's motion for summary judgment, made, in effect, CPLR 3212 (g) findings in plaintiff's favor, and denied defendant's cross motion for summary judgment dismissing the complaint.

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2012-1650 Q C. PARKVIEW MEDICAL & SURGICAL, P.C. AS ASSIGNEE OF EMMANUEL MARTIN, res, v. GEICO GENERAL INSURANCE COMPANY, app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered June 19, 2012. The order, insofar as appealed from, upon denying plaintiff’s motion for summary judgment, made, in effect, CPLR 3212 (g) findings in plaintiff’s favor, and denied defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is modified by providing that the branch of defendant’s cross motion seeking summary judgment dismissing the third cause of action and so much of the first and second causes of action as sought to recover on claims that had been denied on the ground that plaintiff’s assignor had failed to appear for independent medical examinations is granted; as so modified, the order is affirmed, without costs.

PARKVIEW MEDICAL & SURGICAL, P.C. AS ASSIGNEE OF EMMANUEL MARTIN, res, v. GEICO GENERAL INSURANCE COMPANY, app

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