EMC Health Prods., Inc. v Geico Ins. Co. (2014 NY Slip Op 50777(U))

EMC Health Prods., Inc. v Geico Ins. Co.

2014 NY Slip Op 50777(U) [43 Misc 3d 138(A)]

Decided on April 30, 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This opinion is uncorrected and will not be published in the printed Official Reports.

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-1191 K C

EMC Health Products, Inc. as Assignee of CINDY POGUANDAS, Respondent,

against

Geico Ins. Co., Appellant.

[*1]

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered March 13, 2012. The order, insofar as appealed from and as limited by the brief, upon denying plaintiff's motion for summary judgment, made CPLR 3212 (g) findings in plaintiff's favor.

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

For the reasons stated in EMC Health Prods., Inc. as Assignee of Brian Byers v Geico Ins. Co. (___ Misc 3d ___, 2014 NY Slip Op _____ [Appeal No. 2012-1208 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

Decision Date: April 30, 2014