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A-Quality Med. Supply v GEICO Gen. Ins. Co.
2013 NY Slip Op 50425(U) [39 Misc 3d 128(A)]
Decided on March 18, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 18, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., ALIOTTA and SOLOMON, JJ
2011-1134 K C.

A-Quality Medical Supply as Assignee of SHANEICE JOHNSON, Respondent, —

against

GEICO General Ins. Co., Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.; op 30 Misc 3d 485 [2010]), entered February 23, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,319.45.


ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for further proceedings consistent herewith.

For the reasons stated in A-Quality Med. Supply as Assignee of Jason Diggs v GEICO Gen. Ins. Co., ( Misc 3d , 2013 NY Slip Op [Appeal No. 2011-2326 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for further proceedings consistent therewith.

Weston, J.P., Aliotta and Solomon, JJ., concur.
Decision Date: March 18, 2013