Metropolitan Diagnostic Med. Care, P.C., As Assignee of Elan Wolkowitz v Erie Ins. Co. of N. Y.

Metropolitan Diagnostic Med. Care, P.C., As Assignee of Elan Wolkowitz v Erie Ins. Co. of N. Y.

Motion No: 2015-00606 KC

Slip Opinion No: 2017 NY Slip Op 64627(U)

Decided on February 6, 2017

Appellate Term, 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.

Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

2015-606 K C

Metropolitan Diagnostic Medical Care, P.C., as Assignee of Elan Wolkowitz, Respondent, v Erie Insurance Company of New York, Appellant.

Motion by appellant for leave to reargue an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered August 5, 2014, which was determined by decision and order of this court dated December 16, 2016, or, in the alternative, for leave to appeal to the Appellate Division from the decision and order of this court.

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

ORDERED that the motion is denied.

ENTER:

Paul Kenny

Chief Clerk