Alfa Med. Supplies v GEICO Gen. Ins. Co. (2012 NY Slip Op 50936(U))

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Alfa Med. Supplies v GEICO Gen. Ins. Co.

2012 NY Slip Op 50936(U) [35 Misc 3d 143(A)]

Decided on May 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 15, 2012

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2011-111 K C.

Alfa Medical Supplies as Assignee of JOSE POPOTEUR, Appellant, —

against

GEICO General Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered June 14, 2010, deemed from a judgment of the same court entered November 3, 2010 (see CPLR 5501 [c]). The judgment, entered pursuant to the June 14, 2010 order denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

For the reasons stated in Alfa Med. Supplies, Inc. as Assignee of Antonio Santos v GEICO Gen. Ins. Co. (__ Misc 3d __ , 2012 NY Slip Op __ [Appeal No. 2011-58 K C], decided herewith), the judgment is affirmed.

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: May 15, 2012