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Favorite Health Prods., Inc. v Country-Wide Ins. Co.
2009 NY Slip Op 52679(U) [26 Misc 3d 129(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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 27, 2009
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2007-1516 Q C.

Favorite Health Products, Inc. as assignee of BOAKYE-AMEYAU GIFFY, Respondent,

against

Country-Wide Insurance Company, Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered July 10, 2007. The judgment, entered pursuant to an order dated June 22, 2007 granting plaintiff's motion for summary judgment, awarded plaintiff the principal sum of $570.


Judgment reversed without costs, order granting 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, the order granting 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