A.M. Med., P.C. v Continental Ins. Co. (2015 NY Slip Op 50390(U))

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A.M. Med., P.C. v Continental Ins. Co.

2015 NY Slip Op 50390(U) [47 Misc 3d 128(A)]

Decided on March 16, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-2002 K C

A.M. Medical, P.C. as Assignee of SERGEY BANKOVSKIY, Respondent, The

against

Continental Insurance Co., Defendant, -and- ENCOMPASS INSURANCE COMPANY, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered January 11, 2011. The order denied a motion by defendant Encompass Insurance Company for summary judgment dismissing the complaint insofar as asserted against it.

ORDERED that the order is reversed, with $30 costs, and the motion by defendant Encompass Insurance Company for summary judgment dismissing the complaint insofar as asserted against it is granted.

For the reasons stated in A.M. Med., P.C. as Assignee of Natalia Panarina v The Continental Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2012-1998 K C], decided herewith), the order is reversed and the motion by defendant Encompass Insurance Company for summary judgment dismissing the complaint insofar as asserted against it is granted.

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

Decision Date: March 16, 2015