Delta Diagnostic Radiology, P.C. v 21st Century Ins. Co. (2016 NY Slip Op 50401(U))

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Delta Diagnostic Radiology, P.C. v 21st Century Ins. Co.

2016 NY Slip Op 50401(U) [51 Misc 3d 130(A)]

Decided on March 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 23, 2016

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

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ.
2014-384 Q C

Delta Diagnostic Radiology, P.C. as Assignee of SAUVEUR CABROUET, Appellant,

against

21st Century Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered January 9, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.

For the reasons stated in Tam Med. Supply Corp. as Assignee of Sauveur Cabrouet v 21st Century Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2014-385 Q C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

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

Decision Date: March 23, 2016