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Eagle Surgical Supply, Inc. v GEICO Ins. Co.
2013 NY Slip Op 50853(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2011-2517 K C.

Eagle Surgical Supply, Inc. as Assignee of DONNELL WRIGHT, Appellant, —

against

GEICO Insurance Company, Respondent.


Appeal from a judgment of the Civil Court of the City of New York, Kings County (Helen C. Sturm, J.H.O.), entered July 26, 2011. The judgment, after a nonjury trial, dismissed the complaint.


ORDERED that the judgment is affirmed, with $25 costs.

For the reasons stated in Eagle Surgical Supply, Inc. as Assignee of Tristan Joris v Geico Ins. Co. (__ Misc 3d __, 2013 NY Slip Op _____ [Appeal No. 2011-2601 K C], decided herewith), the judgment is affirmed.

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