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Uptodate Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co.
2009 NY Slip Op 50745(U) [23 Misc 3d 133(A)]
Decided on April 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2009
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2008-15 Q C.

Uptodate Medical Services, P.C. as assignee of OKECHUKWU LEKWUWA, Respondent,

against

State Farm Mutual Automobile Ins. Co., Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered October 22, 2007. The order, insofar as appealed from, denied defendant's cross motion for leave to amend its answer and, upon such amendment, for summary judgment dismissing the complaint.


Order, insofar as appealed from, reversed without costs, defendant's cross motion for leave to amend its answer and, upon such amendment, for summary judgment dismissing the complaint granted, and complaint dismissed.

For the reasons stated in Uptodate Med. Servs., P.C. as assignee of Jean Baptiste v State Farm Mut. Auto. Ins. Co. (____ Misc 3d ___, 2009 NY Slip Op ____ [Appeal No. 2007-2013 Q C], decided herewith), the order, insofar as appealed from, is reversed, defendant's cross motion for leave to amend its answer and, upon such amendment, for summary judgment dismissing the complaint is granted, and the complaint is dismissed.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: April 20, 2009