| Tam Med. Supply Corp., As Assignee of Destin, Woldine v American Ind. Ins. Co., & Omni Indem. Co. |
| Motion No: 2019-01468 KC |
| Slip Opinion No: 2022 NY Slip Op 62659(U) |
| Decided on March 3, 2022 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
WAVNY TOUSSAINT
DONNA-MARIE E. GOLIA, JJ.
DECISION & ORDER ON MOTION
| TAM Medical Supply Corp., as Assignee of Destin, Woldine, Respondent, v American Independent Ins. Co., and Omni Indemnity Company, Defendants, and American Independent Insurance Companies, Inc., and Good2go Auto Insurance, Appellants. |
Appeal from an order of the Civil Court of the City of New York, Kings County, entered November 20, 2018. The order, insofar as appealed from, denied the branches of a motion seeking to dismiss so much of the complaint as was asserted against American Independent Insurance Companies, Inc. and Good2Go Auto Insurance. The appeal was dismissed by motion decision and order dated October 4, 2019.
On the court's own motion, it is
ORDERED that the motion decision and order dated October 4, 2019 is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the appeal is deemed perfected by the brief filed under Appellate Term Docket No. 2019-1467 K C, and shall be heard together with that appeal.
ENTER:
Paul Kenny
Chief Clerk