| ALUR Med. Supply, Inc. v Country-Wide Ins. Co. |
| 2009 NY Slip Op 50344(U) [22 Misc 3d 138(A)] |
| Decided on February 27, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A.
Lebedeff, J.), entered September 20, 2007, deemed from a judgment of the same court entered
October 2, 2007 (see CPLR 5501 [c]). The judgment, entered pursuant to the September 20,
2007 order granting plaintiff's motion for summary judgment and denying defendant's cross
motion for summary judgment, awarded plaintiff the principal sum of $1,879.25.
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 27, 2009