Alev Med. Supply, Inc. v Geico Gen. Ins. Co. |
2013 NY Slip Op 52321(U) [44 Misc 3d 131(A)] |
Decided on November 12, 2013 |
Appellate Term, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered June 10, 2011. The judgment, after a nonjury trial, dismissed the complaint.
ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for a new trial.
For the reasons stated in Alev Med. Supply, Inc. as Assignee of Russell Irby v GEICO Gen. Ins. Co. (__ Misc 3d __, 2013 NY Slip Op ____ [Appeal No. 2011-3044 Q C],
Pesce, P.J., Aliotta and Solomon, JJ., concur.