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Jamhil Med., P.C. v Allstate Ins. Co.
2012 NY Slip Op 50780(U) [35 Misc 3d 136(A)]
Decided on April 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 27, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
.

Jamhil Medical, P.C. as Assignee of LONNIE ELLIS, Respondent, —

against

Allstate Ins. Co., Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Jacqueline D. Williams, J.), entered May 3, 2010. The order, insofar as appealed from as limited by the brief, granted plaintiff's motion for summary judgment. The appeal is deemed from a judgment of the same court, entered June 17, 2010, awarding plaintiff the principal sum of $1,779.57 (see CPLR 5501 [c]).


ORDERED that the judgment is reversed, without costs, so much of the order as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion is denied.

For the reasons stated in Jamhil Med., P.C. as Assignee of Albert Christie and Cheddi Holness v Allstate Ins. Co. (___ Misc 3d ___, 2012 NY Slip Op ___ [Appeal No. 2010-1880 K C], decided herewith), the judgment is reversed, so much of the order as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion is denied.

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: April 27, 2012