Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered March 30, 2011. The order, insofar as appealed from, (1) upon renewal, adhered to a prior order of the same court entered July 23, 2010 granting plaintiff's motion for summary judgment, and (2) implicitly denied the branches of defendant's motion seeking summary judgment dismissing the complaint and, in effect, to vacate a judgment of the same court entered August 16, 2010, pursuant to the July 23, 2010 order, awarding plaintiff the principal sum of $1,071.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, upon renewal, the order entered July 23, 2010 granting plaintiff's motion for summary judgment is vacated, plaintiff's motion is denied, and the branches of defendant's motion seeking, in effect, to vacate the judgment entered August 16, 2010 and summary judgment dismissing the complaint are 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 [*2]herewith), the order, insofar as appealed from, is reversed, upon renewal, the order entered July 23, 2010 granting plaintiff's motion for summary judgment is vacated, plaintiff's motion is denied, and the branches of defendant's motion seeking, in effect, to vacate the judgment entered August 16, 2010 and summary judgment dismissing the complaint are granted.

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