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Vincent Med. Servs., P.C. v New York Cent. Mut. Fire Ins. Co.
2008 NY Slip Op 52443(U) [21 Misc 3d 142(A)]
Decided on December 2, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 2, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2007-1508 Q C. NO. 2007-1508 Q C

Vincent Medical Services, P.C., as assignee of MARIE LAUTURE, Respondent,

against

New York Central Mutual Fire Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered July 20, 2007. The order, insofar as appealed from, denied defendant's cross motion for summary judgment.


Order, insofar as appealed from, affirmed without costs.

For the reasons stated in Vincent Med. Servs., P.C. as assignee of Stella Lorvilus v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2008 NY Slip Op _____ [No. 2007-1502 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

Pesce, P.J., and Weston Patterson, J., concur.

Golia, J., concurs in a separate memorandum.

Golia, J., concurs with the result only, in the following memorandum:

I concur for the reasons stated in my concurrence in Vincent Med. Servs., P.C. as assignee of Stella Lorvilus v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2008 NY Slip Op _____ [No. 2007-1502 Q C], decided herewith).
Decision Date: December 02, 2008