Astoria Wellness Med., P.C. v Auto One Ins. Co. (2013 NY Slip Op 51121(U))

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Astoria Wellness Med., P.C. v Auto One Ins. Co.

2013 NY Slip Op 51121(U) [40 Misc 3d 130(A)]

Decided on July 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 5, 2013

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

PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2011-1785 K C.

Astoria Wellness Medical, P.C. as Assignee of ANDRON BOGDASAROV, Respondent, —

against

Auto One Ins. Co., Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Jules L. Spodek, J.H.O.), entered March 22, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $3,697.06.

ORDERED that the judgment is reversed, with $30 costs, and judgment is directed to be entered in favor of defendant dismissing the complaint.

For the reasons stated in Peace of Mind, Social Work, P.C. as Assignee of Margarita Niklina v Travelers Prop. Cas. (___ Misc 3d ___, 2013 NY Slip Op _____ [Appeal No. 2011-846 K C], decided herewith), the judgment is reversed and judgment is directed to be entered in favor of defendant dismissing the complaint.

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: July 05, 2013