Flatlands Med., P.C. v State Farm Mut. Auto. Ins. Co. (2013 NY Slip Op 51903(U))

[*1]

Flatlands Med., P.C. v State Farm Mut. Auto. Ins. Co.

2013 NY Slip Op 51903(U) [41 Misc 3d 137(A)]

Decided on October 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 29, 2013

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
.

Flatlands Medical, P.C. as Assignee of EZZAT ALGLADY, Appellant, —

against

State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered December 21, 2011. The order, insofar as appealed from as limited by the brief, upon reargument, granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

For the reasons stated in Flatbush Chiropractic, P.C. as Assignee of Avisela Martinez v State Farm Mut. Auto. Ins. Co. (___ Misc 3d ___, 2013 NY Slip Op ______ [Appeal No. 2011-3025 K C], decided herewith), the order, insofar as appealed from, is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: October 29, 2013