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Precision Diagnostic Imaging, P.C. v Infinity Ins. Co.
2015 NY Slip Op 50764(U) [47 Misc 3d 148(A)]
Decided on May 6, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 6, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., SOLOMON and ELLIOT, JJ.
2013-2467 RI C

Precision Diagnostic Imaging, P.C. as Assignee of SIMON ZLOTNIKOV, Respondent,

against

Infinity Insurance Company, Appellant.


Appeal from an amended order of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), entered December 12, 2013. The amended order denied defendant's motion to dismiss the complaint.

ORDERED that, on the court's own motion, the notice of appeal from an order of the same court dated November 6, 2013 is deemed a premature notice of appeal from the amended order entered December 12, 2013 (see CPLR 5520 [c]); and it is further,

ORDERED that the amended order is reversed, with $30 costs, and defendant's motion to dismiss the complaint is granted.

For the reasons stated in Richard A. Hellander, M.D., P.C. as Assignee of Bryan Friend v Metlife Auto & Home Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-2452 RI C], decided herewith), the amended order is reversed and defendant's motion to dismiss the complaint is granted.

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


Decision Date: May 06, 2015