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Compas Med., P.C. v GEICO Ins. Co.
2014 NY Slip Op 51260(U) [44 Misc 3d 138(A)]
Decided on August 8, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 8, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ.
2012-908 K C

Compas Medical, P.C. as Assignee of DANIEL MONZON-MARQUEZ, Appellant,

against

GEICO Ins. Co., Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered October 11, 2011. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

For the reasons stated in Compas Med., P.C. as Assignee of Jeanne Baptiste v GEICO Ins. Co. (___ Misc 3d ___, 2014 NY Slip Op ______ [Appeal No. 2012-714 K C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

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


Decision Date: August 08, 2014