Eagle Surgical Supply, Inc. v Progressive Casualty Insuran
Motion No: 2009-01120
Slip Opinion No: 2009 NYSlipOp 66736(U)
Decided on March 17, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M83806

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2009-01120

Eagle Surgical Supply, Inc., etc., plaintiff,

v Progressive Casualty Insurance Co., defendant.

(Index No. 21467/06)

DECISION & ORDER ON MOTION

Motion by the defendant for leave to appeal to this court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated September 10, 2008, which affirmed, insofar as appealed from, an order of the Civil Court of the City of New York, Kings County, entered August 10, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

FISHER, J.P., MILLER, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court