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Eagle Surgical Supply, Inc. v Allstate Prop. & Cas. Ins. Co.
2014 NY Slip Op 50951(U) [44 Misc 3d 126(A)]
Decided on May 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 29, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-441 Q C

Eagle Surgical Supply, Inc. as Assignee of YEVSEY SHMERKOVICH, Appellant,

against

Allstate Property & Casualty Insurance Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered November 17, 2011, deemed from a judgment of the same court entered December 29, 2011 (see CPLR 5501 [c]). The judgment, entered pursuant to the November 17, 2011 order granting defendant's motion for summary judgment, dismissed the complaint.

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

For the reasons stated in Eagle Surgical Supply, Inc. as Assignee of Mikhail Tsukerman v Allstate Prop. & Cas. Ins. Co. (___ Misc 3d ___, 2014 NY Slip Op ______ [Appeal No. 2012-343 Q C], decided herewith), the judgment is affirmed.

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


Decision Date: May 29, 2014