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GENTLE CARE MED. SERVS., P.C., A/A/O ACEVEDO v. COUNTRY WIDE INS. CO.

2015-1217 K C. GENTLE CARE MED. SERVS., P.C., A/A/O ACEVEDO v. COUNTRY WIDE INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered April 14, 2015. The order denied defendant's motion to vacate an order of the same court (Robin Kelly Sheares, J.) dated May 20, 2014, granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, or, in the alternative, for leave to renew defendant's cross motion and its opposition to plaintiff's motion.

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2015-1217 K C. GENTLE CARE MED. SERVS., P.C., A/A/O ACEVEDO v. COUNTRY WIDE INS. CO. — Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered April 14, 2015. The order denied defendant’s motion to vacate an order of the same court (Robin Kelly Sheares, J.) dated May 20, 2014, granting plaintiff’s motion for summary judgment and denying defendant’s cross motion for summary judgment dismissing the complaint, or, in the alternative, for leave to renew defendant’s cross motion and its opposition to plaintiff’s motion.

ORDERED that the order is reversed, without costs, the branch of defendant’s motion seeking leave to renew its cross motion for summary judgment dismissing the complaint and its opposition to plaintiff’s motion for summary judgment is granted, and, upon renewal, plaintiff’s motion for summary judgment is denied and defendant’s cross motion for summary judgment dismissing the complaint is granted.

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