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Alev Med. Supply, Inc. v Geico Gen. Ins. Co.
2014 NY Slip Op 50132(U) [42 Misc 3d 137(A)]
Decided on January 28, 2014
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 28, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2011-2270 Q C.

Alev Medical Supply, Inc. as Assignee of JOSE REYNOSO, Appellant,

against

Geico General Insurance Co., Respondent.


Appeal from a decision of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered April 26, 2011. The judgment, entered pursuant to a decision of the same court dated February 3, 2011, after a nonjury trial, dismissed the complaint.


ORDERED that, on the court's own motion, the notice of appeal from the decision dated February 3, 2011 is deemed a premature notice of appeal from the judgment entered April 26, 2011 (see CPLR 5520 [c]); and it is further,

ORDERED that the judgment is affirmed, with $25 costs.

For the reasons stated in Alev Med. Supply, Inc. as Assignee of Kecia Daniely v Government Empls. Ins. Co. (___ Misc 3d ___, 2014 NY Slip Op ____ [Appeal No. 2011-1024 Q C], decided herewith), the judgment is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: January 28, 2014