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Ultra Ortho Prods., Inc. v Tate Farm Mut. Auto. Ins. Co.
2016 NY Slip Op 50384(U) [51 Misc 3d 129(A)]
Decided on March 17, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 17, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2013-1492 Q C

Ultra Ortho Products, Inc. as Assignee of DANE TOOMER, Appellant,

against

Tate Farm Mutual Automobile 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 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 ___[A], 2015 NY Slip Op 51653[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]), the order is affirmed.

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


Decision Date: March 17, 2016