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Arguelles M.D., P.C. v Omni Indem. Co.
2016 NY Slip Op 50527(U) [51 Misc 3d 134(A)]
Decided on March 30, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 30, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and ELLIOT, JJ.
2013-2126 K C

Arguelles M.D., P.C. as Assignee of DARVELL TRIBE, Respondent,

against

Omni Indemnity Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Devin P. Cohen, J.), entered June 26, 2013. The order denied 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 granted.

For the reasons stated in Arguelles M.D., P.C. as Assignee of Marie Francoeur v Omni Indem. Co. (— Misc 3d —, 2016 NY Slip Op — [appeal No. 2013-1541 Q C],


decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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


Decision Date: March 30, 2016