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AKS Med., P.C. v Country-Wide Ins. Co.
2009 NY Slip Op 50328(U) [22 Misc 3d 137(A)]
Decided on February 24, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 24, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2007-1698 Q C.

AKS Medical, P.C. as assignee of TANYA TONEY, Respondent,

against

Country-Wide Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered September 24, 2007, deemed from a judgment of the same court entered October 16, 2007 (see CPLR 5501 [c]). The judgment, entered pursuant to the September 24, 2007 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment, awarded plaintiff the principal sum of $2,096.96.


Judgment reversed without costs, so much of the order as granted plaintiff's motion for summary judgment vacated, plaintiff's motion for summary judgment denied, and matter remanded to the Civil Court for all further proceedings.

For the reasons stated in Velen Med. Supply, Inc. v Country-Wide Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2007-1406 Q C], decided herewith), the judgment is reversed, so much of the order as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion for summary judgment is denied.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: February 24, 2009