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Andrew Carothers, M.D., P.C. v GEICO Indem. Co.
2009 NY Slip Op 50664(U) [23 Misc 3d 131(A)]
Decided on April 10, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 10, 2009
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., WESTON and GOLIA, JJ
2007-1860 K C.

Andrew Carothers, M.D., P.C. a/a/o LORANE GITTENS, AGNES HEWITT, PATRICK COCHRAN and NELLY GREY, Respondent,

against

GEICO Indemnity Company, Appellant.


Appeal from a decision of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), dated November 30, 2006, deemed from a judgment of the same court entered June 11, 2007 (see CPLR 5520 [c]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $4,462.12.


Judgment reversed without costs and complaint dismissed.

For the reasons stated in Andrew Carothers, M.D., P.C. a/a/o Tatyana Matevich, et al. v GEICO Indem. Co., ___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2007-1829
K C], decided herewith), the judgment is reversed and the complaint is dismissed.

Pesce, P.J., Weston and Golia, JJ., concur.
Decision Date: April 10, 2009