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Metropolitan Med. Supplies, LLC v Eveready Ins. Co.
2009 NY Slip Op 50587(U) [23 Misc 3d 128(A)]
Decided on April 3, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 3, 2009
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2008-830 Q C.

Metropolitan Medical Supplies, LLC, as assignee of JOSEPH SERRANO, Respondent,

against

Eveready Ins. Co., Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered February 26, 2008, deemed from a judgment of the same court entered April 11, 2008 (see CPLR 5501 [c]). The judgment, entered pursuant to the February 26, 2008 order granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $455.61.


Judgment reversed without costs, order granting plaintiff's motion for summary judgment vacated and plaintiff's motion for summary judgment denied.

For the reasons stated in Metropolitan Med. Supplies, LLC a/a/o Grizel Serrano v Eveready Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op ___ [No. 2008-827 Q C], decided herewith), the judgment is reversed, the order granting plaintiff's motion for summary judgment is vacated, and plaintiff's motion for summary judgment is denied.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: April 03, 2009