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Omphil Care, Inc. v State Farm Mut. Auto. Ins. Co.
2015 NY Slip Op 51666(U) [49 Misc 3d 145(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This opinion is uncorrected and will not be published in the printed Official Reports.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.
2013-1597 Q C

Omphil Care, Inc. as Assignee of RASHEEM MURPHY, 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 (Larry Love, J.), entered May 31, 2013. The order granted defendant's 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