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Alev Med. Supply, Inc. v Geico Indem. Co.
2013 NY Slip Op 51913(U) [41 Misc 3d 137(A)]
Decided on November 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 12, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

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

Alev Medical Supply, Inc. as Assignee of FAUSTO FERNANDEZ, Appellant, —

against

Geico Indemnity Company, Respondent.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered June 10, 2011. The judgment, after a nonjury trial, dismissed the complaint.


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

For the reasons stated in Alev Med. Supply, Inc. as Assignee of Russell Irby v GEICO Gen. Ins. Co. (__ Misc 3d __, 2013 NY Slip Op ____ [Appeal No. 2011-3044 Q C],
decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: November 12, 2013