Melbourne Med. v Utica Mut. Ins. Co.

[*1] Melbourne Med. v Utica Mut. Ins. Co. 2004 NY Slip Op 50584(U) Decided on June 7, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 7, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-765 Q C

MELBOURNE MEDICAL, P.C. Assignee of JOSE CABREJA, Respondent,

against

UTICA MUTUAL INSURANCE CO., Appellant.

Appeal by defendant from an order of the Civil Court, Queens County (K. Kerrigan, J.), entered January 15, 2003, denying its motion for summary judgment and granting plaintiff's cross motion for summary judgment.

Order unanimously affirmed without costs.

Upon a review of the record, we are of the opinion that the defendant's motion for summary judgment was properly denied, and plaintiff's cross motion for summary judgment properly granted, for the reasons stated in Melbourne Med. P.C. v Utica Mut. Ins. Co. (NO. 2003-753 Q C, decided herewith).

Decision Date: June 07, 2004