Metropolitan Diagnostic Medical Care, P.C., as assignee of Wolkowitz v

Metropolitan Diagnostic Medical Care, P.C., as assignee of Wolkowitz v

Motion No: 2017-02220

Slip Opinion No: 2017 NY Slip Op 71790(U)

Decided on April 27, 2017

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

M229909

E/afa

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2017-02220
Metropolitan Diagnostic Medical Care, P.C.,
as assignee of Elan Wolkowitz, plaintiff,
v Erie Insurance Company of New York,
defendant.
(Appellate Term Docket No. 2015-00606;
Civil Court Index No. 72604/11)

DECISION & ORDER ON MOTION

Motion by Erie Insurance Company of New York for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated December 16, 2016, which affirmed a judgment of the Civil Court of the City of New York, Kings County, entered August 5, 2014.

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

ORDERED that the motion is denied.

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court