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Second Med., P.C. v GEICO
2012 NY Slip Op 50238(U) [34 Misc 3d 149(A)]
Decided on February 9, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : GOLIA, J.P., WESTON and RIOS, JJ
2010-1719 K C.

Second Medical, P.C. as Assignee of NURELIA PACHECO, Respondent,

against

GEICO, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered February 11, 2010. The order, insofar as appealed from as limited by the brief, granted plaintiff's motion for summary judgment.


ORDERED that the order, insofar as appealed from, is reversed, without costs, and plaintiff's motion for summary judgment is denied.

For the reasons stated in Second Med., P.C. as Assignee of Divine Bayard, et al. v GEICO (___ Misc 3d ___, 2012 NY Slip Op _____ [Appeal No. 2010-1484 K C], decided herewith), the order, insofar as appealed from, is reversed and plaintiff's motion for summary judgment is denied.

Golia, J.P., Weston and Rios, JJ., concur.
Decision Date: February 09, 2012