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D & R Med. Supply, Inc. v American Tr. Ins. Co.
2011 NY Slip Op 51869(U) [33 Misc 3d 130(A)]
Decided on October 14, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 14, 2011
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2010-1694 K C.

D & R Medical Supply, Inc. as Assignee of ANTHONY RICH, Respondent,

against

American Transit Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Sylvia G. Ash, J.), entered December 15, 2009. 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 Linda Smith-Pena v American Tr. Ins. Co. (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2010-1613 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.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: October 14, 2011