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Alleviation Med. Servs., P.C. v Hertz Co.
2016 NY Slip Op 50374(U) [51 Misc 3d 128(A)]
Decided on March 16, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 16, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2013-1712 Q C

Alleviation Medical Services, P.C. as Assignee of DWAYNE MILLER, Respondent,

against

Hertz Co., Appellant.


Appeal from a judgment of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered July 17, 2013. The judgment, entered pursuant to an order of the same court entered July 2, 2013 granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $3,400.

ORDERED that the judgment is reversed, with $30 costs, so much of the order entered July 2, 2013 as granted plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.

For the reasons stated in Alleviation Med. Servs., P.C. as Assignee of Dwayne Miller v Hertz Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-1688 Q C], decided herewith), the judgment is reversed, so much of the order entered July 2, 2013 as granted plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.

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


Decision Date: March 16, 2016