Ultimate Health Prods., Inc. v American Tr. Ins. Co. (2016 NY Slip Op 50323(U))

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Ultimate Health Prods., Inc. v American Tr. Ins. Co.

2016 NY Slip Op 50323(U) [50 Misc 3d 148(A)]

Decided on March 15, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 15, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2013-1230 Q C

Ultimate Health Products, Inc., as Assignee of Samuel Chaston, Appellant,

against

American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered May 8, 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 Tamezan Osmali v American Tr. Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-1479 Q C], decided herewith), the order is affirmed.

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

Decision Date: March 15, 2016