| City Wide Health Facility, Inc., As Assignee of Rena Avadiyayev v Allstate Ins. Co. |
| Motion No: 2018-01132 KC |
| Slip Opinion No: 2019 NY Slip Op 84004(U) |
| Decided on October 29, 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
| City Wide Health Facility, Inc., as Assignee of Rena Avadiyayev, Respondent, v Allstate Ins. Co., Appellant. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered January 10, 2018.
On the court's own motion, it is
ORDERED that the appeal is dismissed, as the matter subsequently proceeded to trial and a decision was issued on October 5, 2018 directing the clerk to enter judgment in favor of plaintiff in the principal sum of $479.73 (see Britt v Buffalo Mun. Hous. Auth., 109 AD3d 1195, 1197 [2013]; see also Livny v Rotella, 305 AD2d 377 [2003]).
Appellant's remedy, if it be so advised, is to appeal from the judgment once one has been entered.
ENTER:
Paul Kenny
Chief Clerk