[*1]
Ocean Diagnostic Imaging, P.C. v Progressive Cas. Ins. Co.
2007 NY Slip Op 50235(U) [14 Misc 3d 136(A)]
Decided on February 6, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 6, 2007
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2005-1809 K C.

Ocean Diagnostic Imaging, P.C. a/a/o Besti Baazova and Roody Nicholas, Appellant,

against

Progressive Casualty Insurance Company, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.), entered August 16, 2005. The order denied plaintiff's motion for summary judgment on the ground that the court lacked jurisdiction due to the death of plaintiff's sole officer, director and shareholder.


Appeal dismissed.

For the reason stated in Ocean Diagnostic Imaging P.C. a/a/o Prepelitskiy v Merchants Mut. Ins. Co. (___ Misc 3d ___, 2007 NY Slip Op ____, decided herewith), the appeal is dismissed.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: February 6, 2007