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Davydov v Progressive Ins. Co.
2009 NY Slip Op 51491(U) [24 Misc 3d 135(A)]
Decided on July 9, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 9, 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
2008-88 Q C.

Dr. Albert Davydov, DDS a/a/o EDISON ALCANTARA, Respondent,

against

Progressive Insurance Company, Appellant.


Appeal from a decision of the Civil Court of the City of New York, Queens County (Anna Culley, J.), dated August 10, 2006, deemed from a judgment of the same court entered December 26, 2006 (see CPLR 5520 [c]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,345.45.


Judgment affirmed without costs.

For the reasons stated in Dr. Albert Davydov, DDS a/a/o Slikia Martinez v Progressive Insurance Company (___ Misc 3d ___, 2009 NY Slip Op _____ [Appeal No. 2008-27 Q C], decided herewith), the judgment is affirmed.

Pesce, P.J., and Weston, J., concur.

Golia, J., dissents and votes to reverse the judgment and dismiss the complaint in the following memorandum.

For the reasons stated in my dissent in Dr. Albert Davydov, DDS a/a/o Slikia Martinez v Progressive Ins. Co. ( Misc 3d , 2009 NY Slip Op [Appeal No. 2008-27 Q C, decided herewith]), I believe the judgment should be reversed and the complaint dismissed.
Decision Date: July 09, 2009