Avenue I Med., P.C. v Infinity Prop. & Cas. Co.

[*1] Avenue I Med., P.C. v Infinity Prop. & Cas. Co. 2012 NY Slip Op 50978(U) Decided on May 25, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 25, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., PESCE and RIOS, JJ
2010-2759 Q C.

Avenue I Medical, P.C. as Assignee of Lawrence Sherman, Appellant,

against

Infinity Property & Casualty Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered July 27, 2010. The order, insofar as appealed from as limited by the brief, granted defendant's motion for summary judgment dismissing the complaint. The appeal is deemed to be from a judgment of the same court entered October 7, 2010, pursuant to the July 27, 2010, order dismissing the complaint (see CPLR 5501 [c]).

ORDERED that the judgment is affirmed, without costs.

For the reasons stated in W.H.O. Acupuncture, P.C. as Assignee of Lawrence Sherman v Infinity Prop. & Cas. Co. (___ Misc 3d ___, 2012 NY Slip Op _____ [Appeal No. 2010-2420 Q C], decided herewith), the judgment of the Civil Court is affirmed.

Weston, J.P., Pesce and Rios, JJ., concur. [*2]
Decision Date: May 25, 2012