Alev Med. Supply, Inc. v Geico Employees Ins. Co. (2013 NY Slip Op 51093(U))

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Alev Med. Supply, Inc. v Geico Employees Ins. Co.

2013 NY Slip Op 51093(U) [40 Misc 3d 127(A)]

Decided on June 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 27, 2013

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2011-228 Q C.

Alev Medical Supply, Inc. as Assignee of DONALD DAVIDSON, Appellant, —

against

GEICO Employees Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered November 3, 2010. The judgment, after a nonjury trial, dismissed the complaint.

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

For the reasons stated in Alev Med. Supply, Inc. as Assignee of Albert Dinkins v Government Empls. Ins. Co. (___ Misc 3d ___, 2013 NY Slip Op _____ [Appeal No. 2011-240 Q C], decided herewith), the judgment is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: June 27, 2013