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Darlington Med. Diagnostic, P.C. v Praetorian Ins. Co.
2012 NY Slip Op 51755(U) [36 Misc 3d 155(A)]
Decided on September 11, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 11, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
.

Darlington Medical Diagnostic, P.C. a/a/o Yasmiri Pantaleon, Plaintiff-Respondent, - -

against

Praetorian Insurance Company, Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danzinger, J.), entered January 4, 2011, which denied its motion for summary judgment dismissing the complaint.


Per Curiam.

Order (Mitchell J. Danzinger, J.), entered January 4, 2011, reversed, with $10 costs, motion granted and complaint dismissed. (See Darlington Med. Diagnostic, P.C. v Praetorian Ins. Co., appeal numbered 11-265, decided herewith.) The Clerk is directed to enter judgment accordingly.

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: September 11, 2012