Appellate Terms of the Supreme Court of New York August 20, 2007 (Vitality Chiropractic, P.C. v. New York Central Mutual Fire Insurance)

lead-opinion

OPINION OF THE COURT

Memorandum.

Judgment reversed without costs and matter remanded to the court below for a new trial.

At the outset of the trial, the court accepted plaintiffs position that it had already established a prima facie case on the ground that another court, in denying plaintiffs prior motion for summary judgment, had noted that plaintiff established its prima facie