Stracar Med. Servs. v New York Cent. Mut. Ins. Co.

[*1] Stracar Med. Servs. v New York Cent. Mut. Ins. Co. 2014 NY Slip Op 50265(U) Decided on February 27, 2014 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr.,JJ
570009/14.

Stracar Medical Services, a/a/o Inma Villa, Plaintiff-Respondent,

against

New York Central Mutual Insurance Company, Defendant-Appellant.

Defendant, as limited by its briefs, appeals from so much of an order of the Civil Court of the City of New York, New York County (James E. D'Auguste, J.), entered March 4, 2013, as denied, in part, its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (James E. D'Auguste, J.), entered March 4, 2013, insofar as appealed from, reversed, with $10 costs, and defendant's motion for summary judgment dismissing the complaint is granted in toto. (See Stracar Med. Servs. v New York Cent. Mut. Fire Ins. Co., appeal numbered 14-036, decided herewith.) The Clerk is directed to enter judgment accordingly.

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: February 27, 2014