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Leica Supply, Inc. v GEICO Indem. Co.
2013 NY Slip Op 50477(U) [39 Misc 3d 131(A)]
Decided on March 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 29, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : RIOS, J.P., WESTON and ALIOTTA, JJ
2011-2099 Q C.

Leica Supply, Inc. as Assignee of JAIME STUART, Appellant, —

against

GEICO Indemnity Company, Respondent.


Appeal from a decision of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), dated October 15, 2010, deemed from a judgment of the same court entered February 16, 2011. The judgment, after a nonjury trial, dismissed the complaint.


ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of judgment in favor of plaintiff in the principal sum of $2,748.64, plus statutory interest and attorney's fees following the calculation and assessment thereof.

For the reasons stated in Leica Supply, Inc. as Assignee of Jason Stuart v Geico Indem. Co. (___ Misc 3d ___, 2013 NY Slip Op ______ [Appeal No. 2011-2104 Q C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of judgment in favor of plaintiff in the principal sum of $2,748.64, plus statutory interest and attorney's fees following the calculation and assessment thereof pursuant to Insurance Law § 5106 (a) and the regulations promulgated thereunder.

Rios, J.P., Weston and Aliotta, JJ., concur.
Decision Date: March 29, 2013