Active Care Medical Supply Corp., as assignee of Sanford v American Co
Motion No: 2017-04151
Slip Opinion No: 2017 NY Slip Op 77373(U)
Decided on June 19, 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

M232996

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

LINDA CHRISTOPHER, JJ.

2017-04151

Active Care Medical Supply Corp., as

assignee of Gabriel Sanford, appellant,

v American Commerce Insurance Company,

respondent.

(Civil Court Index No. 64701/13;

Appellate Term Docket No. 2015-01081)

DECISION & ORDER ON MOTION

Motion by Active Care Medical Supply Corp., as assignee of Gabriel Sanford, for leave to appeal to this Court from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated December 15, 2016, which reversed an order of the Civil Court of the City of New York, Kings County, entered February 25, 2015. Cross motion by American Commerce Insurance Company for this Court to take judicial notice of certain material in determining the motion.

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

ORDERED that the motion and the cross motion are denied.

RIVERA, J.P., LEVENTHAL, AUSTIN and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court