Ultimate Health Prods., Inc. v American Tr. Ins. Co. (2015 NY Slip Op 50810(U))

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Ultimate Health Prods., Inc. v American Tr. Ins. Co.

2015 NY Slip Op 50810(U) [47 Misc 3d 153(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2013-105 Q C

Ultimate Health Products, Inc. as Assignee of DELISHA SILVA, Appellant,

against

American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered November 15, 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 affirmed, with $25 costs.

For the reasons stated in New Way Med. Supply Corp. as Assignee of Janay Wilds v American Tr. Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-103 Q C], decided herewith), the order is affirmed.

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

Decision Date: May 19, 2015