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Uptodate Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co.
2010 NY Slip Op 51345(U) [28 Misc 3d 134(A)]
Decided on July 29, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2010
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2009-281 K C.

Uptodate Medical Services, P.C. as Assignee of JEAN RODNEY EXILUS, Respondent,

against

State Farm Mutual Automobile Ins. Co., Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered November 9, 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.


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

As the pertinent facts of this case are the same as those in Uptodate Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co. (22 Misc 3d 128[A], 2009 NY Slip Op 50046[U] [App Term, 2d, 11th & 13th Jud Dists 2009]), for the reasons stated in said case, the instant order, insofar as appealed from, is reversed and defendant's cross motion for leave to amend its answer and, upon such amendment, for summary judgment dismissing the complaint is granted.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: July 29, 2010