2011-364 K C. BROOKLYN HEIGHTS PHYSICAL THERAPY, P.C. AS ASSIGNEE OF HECTOR GUILANO, res v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, ap — Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered October 7, 2010. The order, insofar as appealed from, denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in New Way Acupuncture, P.C. as Assignee of Hector Guilano v. New York Cent. Mut. Fire Ins. Co. (_Misc 3d_, 2012 NY Slip Op _[Appeal No. 2011-772 K C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

Pesce, P.J., Rios and Aliotta, JJ., concur.