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Ser Sano, Inc. v New York Cent. Mut. Fire Ins. Co.
2013 NY Slip Op 50852(U) [39 Misc 3d 146(A)]
Decided on May 14, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., PESCE and RIOS, JJ
2011-1862 Q C.

Ser Sano, Inc. as Assignee of CHARLENE PRESCOTT, Respondent, —

against

New York Central Mutual Fire Ins. Co., Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered April 20, 2011. The order, insofar as appealed from, denied the branches of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims in the total sum of $1,699.28.


ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

For the reasons stated in Jian Kang, Inc. as Assignee of Charlene Prescott v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2013 NY Slip Op _____ [Appeal No. 2011-1857 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

Weston, J.P., Pesce and Rios, JJ., concur.
Decision Date: May 14, 2013