All Borough Group Med. Supply, Inc. v GEICO Ins. Co. (2013 NY Slip Op 51262(U))

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All Borough Group Med. Supply, Inc. v GEICO Ins. Co.

2013 NY Slip Op 51262(U) [40 Misc 3d 134(A)]

Decided on July 12, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 12, 2013

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

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-1023 Q C.

All Borough Group Medical Supply, Inc. as Assignee of HAROLD GASTON, Appellant, —

against

GEICO Insurance Company, Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered February 16, 2011. The judgment, entered pursuant to a decision of the same court dated December 10, 2010, after a nonjury trial, dismissed the complaint.

ORDERED that, on the court's own motion, the notice of appeal from the decision dated December 10, 2010 is deemed a premature notice of appeal from the judgment entered February 16, 2011 (see CPLR 5520 [c]); and it is further,

ORDERED that the judgment is reversed, with $30 costs, the complaint is reinstated and the matter is remitted to the Civil Court for a new trial.

For the reasons stated in All Borough Group Med. Supply, Inc. as Assignee of Joyce Glover v GEICO Ins. Co. (___ Misc 3d ___, 2013 NY Slip Op _____ [Appeal No. 2011-1022 Q C], decided herewith), the judgment is reversed, the complaint is reinstated and the matter is remitted to the Civil Court for a new trial.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: July 12, 2013