Ocean Diagnostic Imaging v State Farm Mut. Auto. Ins. Co.
Annotate this CaseDecided on June 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2003-1089 N C
OCEAN DIAGNOSTIC IMAGING, P.C. a/a/o CHARLES WILLEM RAFAEL JONES, Appellant,
against
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.
Appeal by plaintiff from so much of an order of the District Court, Nassau County (M. Massell, J.), dated May 19, 2003, as denied its motion for summary judgment.
Order, insofar as appealed from, unanimously reversed without costs, plaintiff's motion for summary judgment granted and matter remanded to the court below for the calculation of statutory interest and an assessment of attorney's fees.
SM-1
The instant order is reversed for the reasons set forth in S & M Supply Inc. a/a/o Willem, Blanchard and Jones v State Farm Mut. Auto. Ins. Co. (No. 2003-1087 N C decided herewith).
[*2]
Decision Date: June 30, 2004
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