New Life Med., P.C. v Geico Ins. Co.

[*1] New Life Med., P.C. v Geico Ins. Co. 2012 NY Slip Op 50347(U) Decided on February 21, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
. -x

New Life Medical, P.C. as Assignee of RODNEY CAMERON, Respondent,

against

Geico Ins. Co., Appellant. -x

Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered October 15, 2009. The order, insofar as appealed from as limited by the brief, denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, without costs, and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in New Life Med., P.C. as Assignee of Christina Sargeant
v GEICO Ins. Co. (___ Misc 3d___, 2012 NY Slip Op _____ [Appeal No. 2010-2045 K C],
decided herewith), the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment dismissing the complaint is granted.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: February 21, 2012