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Metropolitan Med. Supplies, LLC v MVAIC
2013 NY Slip Op 51584(U) [41 Misc 3d 126(A)]
Decided on September 26, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 26, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : RIOS, J.P., WESTON and ALIOTTA, JJ
2011-1541 K C.

Metropolitan Medical Supplies, LLC as Assignee of SIMONE CAMPBELL, Respondent, —

against

MVAIC, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered April 13, 2011. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion for summary judgment dismissing the complaint.


ORDERED that the order is reversed, with $30 costs, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Metropolitan Med. Supplies, LLC as Assignee of Darrell Troupe v MVAIC (___ Misc 3d ___, 2013 NY Slip Op ______ [Appeal No. 2011-1360 K C], decided herewith), the order is reversed, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.

Rios, J.P., Weston and Aliotta, JJ., concur.
Decision Date: September 26, 2013