Proscan Imaging, P.C. v Kemper Ins. Co.

[*1] Proscan Imaging, P.C. v Kemper Ins. Co. 2009 NY Slip Op 51499(U) [24 Misc 3d 136(A)] Decided on July 9, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 9, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-1083 Q C.

Proscan Imaging, P.C. as assignee of DAVID PAGAN, Respondent,

against

Kemper Ins. Co., Appellant.

Appeal from a decision of the Civil Court of the City of New York, Queens County (Anna Culley, J.), dated September 21, 2007, deemed from a judgment of the same court entered May 21, 2008 (see CPLR 5520 [c]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,669.34.

Judgment affirmed without costs.

For the reasons stated in Proscan Imaging, P.C. a/a/o Jovanny Rodriguez v Lumbermens Mut. Cas. Co./Kemper Ins. (___ Misc 3d ___, 2009 NY Slip Op _____ [Appeal No. 2008-1092 Q C], decided herewith), the judgment is affirmed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: July 09, 2009