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New York Diagnostic Med. Care, P.C. v Country-Wide Ins. Co.
2015 NY Slip Op 50804(U) [47 Misc 3d 152(A)]
Decided on May 19, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 19, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-28 K C

New York Diagnostic Medical Care, P.C. as Assignee of VICENTE BURTON, Appellant,

against

Country-wide Insurance Company, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered September 10, 2012. 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 New York Diagnostic Med. Care, P.C. as Assignee of Carlos Martinez v Country-Wide Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____


[appeal No. 2013-356 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., Aliotta and Solomon, JJ., concur.


Decision Date: May 19, 2015