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MSSA Corp. v American Tr. Ins. Co.
2011 NY Slip Op 51321(U) [32 Misc 3d 131(A)]
Decided on July 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 8, 2011
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : WESTON, J.P., PESCE and RIOS, JJ
2010-1468 K C.

MSSA Corp. as Assignee of FRANCES HERRING, Respondent,

against

American Transit Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered February 5, 2010. The order, insofar as appealed from, denied defendant's cross motion for summary judgment dismissing the complaint.


ORDERED that the order, insofar as appealed from, is reversed, without costs, and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in MSSA Corp. as Assignee of Alba Rosado v American Tr. Ins. Co. (___Misc 3d___, 2011 NY Slip Op _____ [Appeal No. 2010-1217 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment dismissing the complaint is granted.

Weston, J.P., Pesce and Rios, JJ., concur.
Decision Date: July 08, 2011