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Laufer v Lumberman's Mut. Cas. Co.
2005 NY Slip Op 51633(U) [9 Misc 3d 133(A)]
Decided on October 11, 2005
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.,
HON. PHYLLIS GANGEL-JACOB,
HON. MARTIN SCHOENFELD, Justices.
570221/05

German Laufer, MD assignee of Carlos Millien, Plaintiff-Appellant, Cal. No. #05-148

against

Lumberman's Mutual Casualty Co., Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County, entered January 20, 2005 (Larry Schachner, J.) which denied his motion for summary judgment with leave to renew upon the submission of proper papers.


PER CURIAM

Order entered January 20, 2005, (Larry Schachner, J.), reversed, with $10 costs, plaintiff's motion for summary judgment is granted, and the matter is remitted to Civil Court for (1) the assessment of appropriate attorney's fees pursuant to Insurance Law § 5106(a) and the regulations promulgated thereunder, and (2) the entry of a judgment in favor of plaintiff and against defendant in the principal sum of $3,072.08, plus appropriate interest and attorney's fees. (See Laufer v Lumberman's Mut. Cas. Co., appeal numbered 05-143, decided herewith.)

This constitutes the order of the court.
Decision Date: October 11, 2005