V.S. Med. Servs., P.C. v State Farm Mut. Ins. Co. (2014 NY Slip Op 50616(U))

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V.S. Med. Servs., P.C. v State Farm Mut. Ins. Co.

2014 NY Slip Op 50616(U) [43 Misc 3d 132(A)]

Decided on March 31, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 31, 2014

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

PRESENT: : PESCE, P.J., WESTON and SOLOMON, JJ
2011-2117 Q C.

V.S. Medical Services, P.C. as Assignee of ALIDA VASQUEZ, Appellant,

against

State Farm Mutual Insurance Co., Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Lee A. Mayersohn, J.), entered July 5, 2011. The judgment, entered upon the denial of plaintiff's motion pursuant to CPLR 4401 for judgment as a matter of law or, in the alternative, to declare a mistrial; upon a jury verdict; and upon an order of the same court dated October 27, 2006 denying plaintiff's motion to set aside the verdict as contrary to the weight of the evidence and for a new trial, dismissed the complaint.

ORDERED that, on the court's own motion, the notice of appeal from the order dated October 27, 2006 is deemed a premature notice of appeal from the judgment entered July 5, 2011 (see CPLR 5520 [c]); and it is further,

ORDERED that the judgment is affirmed, with $30 costs.

For the reasons stated in V.S. Med. Servs., P.C. as Assignee of Ana Grullon v State Farm Mut. Ins. Co. (___ Misc 3d ___, 2014 NY Slip Op ___ [Appeal No. 2011-2114 Q C ], decided herewith), the judgment is affirmed.

Pesce, P.J., Weston and Solomon, JJ., concur.
Decision Date: March 31, 2014