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Q-B Jewish Med. Rehabilitation, P.C. v Metropolitan Cas. Ins. Co.
2014 NY Slip Op 50355(U) [42 Misc 3d 146(A)]
Decided on February 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 28, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and SOLOMON, JJ
2012-1887 Q C.

Q-B Jewish Med. Rehabilitation, P.C. as Assignee of SHARONA BATUROV, Appellant,

against

Metropolitan Casualty Insurance Company, Respondent.


Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 17, 2012. The order granted the branch of defendant's motion seeking dismissal of the complaint pursuant to Uniform Rules for New York City Civil Court (22 NYCRR) § 208.14.


ORDERED that the order is reversed, with $30 costs, the branch of defendant's motion seeking dismissal of the complaint pursuant to Uniform Rules for New York City Civil Court (22 NYCRR) § 208.14 is denied, and the matter is remitted to the Civil Court for a determination of the branch of defendant's motion seeking dismissal of the complaint pursuant to CPLR 3126.

For the reasons stated in Q-B Jewish Med. Rehabilitation, P.C. as Assignee of Gary Suyunov v Metlife Ins. Co. (— Misc 3d —, 2013 NY Slip Op — [Appeal No. 2012-1886 Q C], decided herewith), the order is reversed, the branch of defendant's motion seeking dismissal of the complaint pursuant to Uniform Rules for New York City Civil Court (22 NYCRR) § 208.14 is denied, and the matter is remitted to the Civil Court for a determination of the branch of defendant's motion seeking dismissal of the complaint pursuant to CPLR 3126.

Pesce, P.J., Weston and Solomon, JJ., concur.