Ocean Diagnostic Imaging, P.C. v State Farm Mut. Auto. Ins. Co. (2004 NY Slip Op 50694(U))

[*1]

Ocean Diagnostic Imaging v State Farm Mut. Auto. Ins. Co.

2004 NY Slip Op 50694(U)

Decided on June 30, 2004

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 30, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-1089 N C

OCEAN DIAGNOSTIC IMAGING, P.C. a/a/o CHARLES WILLEM RAFAEL JONES, Appellant,

against

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

Appeal by plaintiff from so much of an order of the District Court, Nassau County (M. Massell, J.), dated May 19, 2003, as denied its motion for summary judgment.

Order, insofar as appealed from, unanimously reversed without costs, plaintiff's motion for summary judgment granted and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney's fees.

SM-1

The instant order is reversed for the reasons set forth in S & M Supply Inc. a/a/o Willem, Blanchard and Jones v State Farm Mut. Auto. Ins. Co. (No. 2003-1087 N C decided herewith). [*2]
Decision Date: June 30, 2004