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HK Psychological v American Tr. Ins. Co.
2011 NY Slip Op 51999(U) [33 Misc 3d 134(A)]
Decided on October 26, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 26, 2011
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2010-1790 K C.

HK Psychological as Assignee of KENDAL THOMPSON, Respondent,

against

American Transit Ins. Co., Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Kenneth P. Sherman, J.), entered November 23, 2009. The order, insofar as appealed from as limited by the brief, 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 Sophia Clarke v American Tr. Ins. Co. (___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2010-1760 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., Weston and Rios, JJ., concur.
Decision Date: October 26, 2011