[*1]
New Way Med. Supply Corp. v American Tr. Ins. Co.
2015 NY Slip Op 51598(U) [49 Misc 3d 141(A)]
Decided on October 30, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 30, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1370 Q C

New Way Medical Supply Corp. as Assignee of Bint Balde, 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 May 23, 2013. 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 Ultimate Health Prods., Inc. as Assignee of Sergio Guerrero v American Tr. Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2013-1286 Q C], decided herewith), the order is affirmed.

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


Decision Date: October 30, 2015