Bay LS Med. Supplies, Inc. v Allstate Ins. Co. (2015 NY Slip Op 51227(U))

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Bay LS Med. Supplies, Inc. v Allstate Ins. Co.

2015 NY Slip Op 51227(U) [48 Misc 3d 139(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2013-793 Q C

Bay LS Medical Supplies, Inc. as Assignee of ANTOINE COLON, Respondent, August 5, 2015

against

Allstate Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered October 3, 2012. The order, insofar as appealed from, upon denying plaintiff's motion for summary judgment, made, in effect, CPLR 3212 (g) findings in plaintiff's favor, and denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, the CPLR 3212 (g) findings in plaintiff's favor are vacated, and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Bay LS Med. Supplies, Inc. as Assignee of Emelio Adame v Allstate Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-797 Q C], decided herewith), the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment dismissing the complaint is granted.

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

Decision Date: August 05, 2015