Alleviation Med. Servs., P.C. v Esurance (2015 NY Slip Op 51218(U))

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Alleviation Med. Servs., P.C. v Esurance

2015 NY Slip Op 51218(U) [48 Misc 3d 138(A)]

Decided on August 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 5, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-543 K C

Alleviation Medical Services, P.C. as Assignee of JOSEPH V. HURRY, Appellant,

against

Esurance, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered December 21, 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 Delta Diagnostic Radiology, P.C. as Assignee of Michael Jones v Esurance (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-99 Q C], decided herewith), the order is affirmed.

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

Decision Date: August 05, 2015