Avicenna Med. Arts, PLLC v Unitrin Advantage Ins. Co. (2015 NY Slip Op 50381(U))

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Avicenna Med. Arts, PLLC v Unitrin Advantage Ins. Co.

2015 NY Slip Op 50381(U) [47 Misc 3d 130(A)]

Decided on March 12, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 12, 2015

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-2399 Q C

Avicenna Medical Arts, PLLC as Assignee of SAMUEL DARWA, Respondent,

against

Unitrin Advantage Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered August 16, 2012. The order, insofar as appealed from as limited by the brief, granted plaintiff's motion for summary judgment. The appeal from the order is deemed to be from a judgment of the same court entered October 17, 2012 awarding plaintiff the principal sum of $2,306.06 (see CPLR 5501 [c]).

ORDERED that the judgment is affirmed, with $25 costs.

For the reasons stated in Avicenna Med. Arts, PLLC as Assignee of Samuel Darwa v Unitrin Advantage Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op ____ [appeal No. 2012-2454 Q C], decided herewith), the judgment is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: March 12, 2015