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St. Dominick Med. Servs., P.C. v Progressive Ins. Co.
2011 NY Slip Op 50611(U) [31 Misc 3d 133(A)]
Decided on April 5, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.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 5, 2011
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., WESTON and STEINHARDT, JJ
.

St. Dominick Medical Services, P.C. as Assignee of JULIAN NUNEZ, Respondent, NO~ 2010-271 RI C

against

Progressive Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Richmond County (Kim Dollard, J.), entered December 17, 2009. The order denied defendant's motion to dismiss the complaint.


ORDERED that the order is reversed, without costs, and defendant's motion to dismiss the complaint is granted.

Defendant appeals from an order denying its motion to dismiss the complaint for lack of personal jurisdiction. For the reasons stated in St. Dominick Med. Servs., P.C. as Assignee of Maria Mohammed v Progressive Ins. Co. ( ___ Misc 3d ___, 2011 NY Slip Op ___ [No. 2010-268 RI C], decided herewith), the order is reversed and defendant's motion to dismiss the complaint is granted.

Pesce, P.J., Weston and Steinhardt, JJ., concur.
Decision Date: April 05, 2011