Restoration Sports & Spine Ctr. v Geico

[*1] Restoration Sports & Spine Ctr. v Geico 2014 NY Slip Op 51730(U) Decided on December 5, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 5, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : ALIOTTA, J.P., PESCE and SOLOMON, JJ.
2012-2280 Q C

Restoration Sports & Spine Center as Assignee of DEBRA LOWMAN, Respondent,

against

GEICO, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered July 10, 2012. The order denied defendant's motion to dismiss the complaint pursuant to CPLR 3216.

ORDERED that the order is reversed, without costs, and defendant's motion to dismiss the complaint is granted.

For the reasons stated in Restoration Sports & Spine as Assignee of Michelle Murdock v GEICO Ins. Co. (__ Misc 3d __, 2014 NY Slip Op _____ [appeal No.

2012-1983 Q C], decided herewith), the order is reversed and defendant's motion to dismiss the complaint pursuant to CPLR 3216 is granted.

Aliotta, J.P., Pesce and Solomon, JJ., concur.

Decision Date: December 05, 2014