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Metro Health Prods., Inc. v State Farm Mut. Auto. Ins. Co.
2015 NY Slip Op 50407(U) [47 Misc 3d 130(A)]
Decided on March 17, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-2352 K C

Metro Health Products, Inc. as Assignee of WARREN THORPE, Appellant,

against

State Farm Mutual Automobile Ins. Co., Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Wavny Toussaint, J.), entered August 23, 2012. The order granted defendant's motion for summary judgment dismissing the complaint.

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

For the reasons stated in Metro Health Prods., Inc. as Assignee of Anastacia Pillot v State Farm Mut. Auto. Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2012-2266 K C], decided herewith), the order is affirmed.

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


Decision Date: March 17, 2015