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Bath Ortho Supply, Inc. v Encompass Indem. Co.
2011 NY Slip Op 52171(U) [33 Misc 3d 140(A)]
Decided on December 6, 2011
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 6, 2011
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570626/11.

Bath Ortho Supply, Inc., a/a/o Jeames Cadeus, Plaintiff-Respondent, - -

against

Encompass Indemnity Company, Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered October 19, 2010, which denied its motion for summary judgment dismissing the complaint.


Per Curiam.

Order (Raul Cruz, J.), entered October 19, 2010, reversed, with $10 costs, motion granted and complaint dismissed. (See Socrates Med. Health, P.C. a/a/o Juan Acevedo v Praetorian Ins. Co., appeal numbered 11-320, decided herewith.) The Clerk is directed to enter judgment accordingly.

THIS CONSTITUTES THE ORDER OF THE COURT.

Decision Date: December 06, 2011