New Way Med. Supply Corp. v American Tr. Ins. Co. (2015 NY Slip Op 51722(U))

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New Way Med. Supply Corp. v American Tr. Ins. Co.

2015 NY Slip Op 51722(U) [49 Misc 3d 149(A)]

Decided on November 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2015

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1399 Q C

New Way Medical Supply Corp. as Assignee of TUAN PLETEAU, 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 Delta Diagnostic Radiology, P.C. as Assignee of Yvan Pleteau v American Tr. Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2013-745 Q C], decided herewith), the order is affirmed.

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

Decision Date: November 20, 2015