| All Healthy Style Med., P.C., Etc., As Assignee of Alassane Dieng v State Farm Fire & Cas. Co. |
| Motion No: 2019-01129 KC |
| Slip Opinion No: 2019 NY Slip Op 79471(U) |
| Decided on September 4, 2019 |
| 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| All Healthy Style Medical, P.C., etc., as Assignee of Alassane Dieng, Appellant, v State Farm Fire and Casualty Co., Respondent. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered June 13, 2016. By decision and order on motion dated July 31, 2019, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the appeal was not properly taken in that service of the notice of appeal was made upon respondent rather than upon respondent's attorney and no application had been made pursuant to CPLR 5520 (a) to cure the defect.
Upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied, in view of appellant's showing that a copy of an amended notice of appeal was properly served upon respondent's counsel.
ENTER:
Paul Kenny
Chief Clerk