Ultra Ortho Prods., Inc. v State Farm Mut. Auto. Ins. Co. (2015 NY Slip Op 51657(U))

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Ultra Ortho Prods., Inc. v State Farm Mut. Auto. Ins. Co.

2015 NY Slip Op 51657(U) [49 Misc 3d 144(A)]

Decided on November 12, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 12, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-943 Q C

Ultra Ortho Products, Inc. as Assignee of RON STITH, Appellant,

against

State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered April 10, 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 Palafox PT, P.C. as Assignee of Katherine Fermin v State Farm Mut. Auto. Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op ______ [appeal No. 2013-873 K C], decided herewith), the order is affirmed.

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

Decision Date: November 12, 2015