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Five Boro Psychological Servs., P.C. v GEICO Gen. Ins. Co.
2011 NY Slip Op 51879(U) [33 Misc 3d 131(A)]
Decided on October 18, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 18, 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
2010-979 K C.

Five Boro Psychological Services, P.C. as Assignee of SARAH ROSEN, Appellant,

against

GEICO General Ins. Co., Respondent.


Appeal from a decision of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), dated October 8, 2009, deemed from a judgment of the same court entered February 11, 2010 (see CPLR 5520 [c]). The judgment, after a nonjury trial, dismissed the complaint.


ORDERED that the judgment is affirmed, without costs.

For the reasons set forth in Five Boro Psychological Servs., P.C. as Assignee of Nadine Zubenko v GEICO Gen. Ins. Co. (__ Misc 3d __, 2011 NY Slip Op _____ [Appeal No. 2010-657 K C], decided herewith), the judgment is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: October 18, 2011