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New Quality Med., P.C. v Allstate Ins. Co.
2015 NY Slip Op 51406(U) [49 Misc 3d 129(A)]
Decided on September 16, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 16, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-667 K C

New Quality Medical, P.C. as Assignee of Josephine Ocello, Appellant,

against

Allstate Insurance Company, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered January 18, 2013. The order, insofar as appealed from, granted the branches of defendant's motion seeking summary judgment dismissing plaintiff's first, second and third causes of action.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branches of defendant's motion seeking summary judgment dismissing plaintiff's first, second and third causes of action are denied.

For the reasons stated in New Quality Med., P.C. as Assignee of Roman Gavrilov v Allstate Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-666 K C], decided herewith), the order, insofar as appealed from, is reversed and the branches of defendant's motion seeking summary judgment dismissing plaintiff's first, second and third causes of action are denied.

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


Decision Date: September 16, 2015