Boston Post Rd. Med. Imaging, P.C. v Progressive Ins. Co.

[*1] Boston Post Rd. Med. Imaging, P.C. v Progressive Ins. Co. 2007 NY Slip Op 51174(U) [15 Misc 3d 145(A)] Decided on June 7, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 7, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and TANENBAUM, JJ
2006-1086 N C.

Boston Post Road Medical Imaging, P.C. a/a/o Ira Bright, Appellant,

against

Progressive Insurance Company, Respondent.

Appeal from an order of the District Court of Nassau County, First District (Sharon M.J. Gianelli, J.), dated April 5, 2006. The order, insofar as appealed from as limited by the brief, granted defendant's cross motion for summary judgment dismissing the complaint.

Order, insofar as appealed from, reversed without costs and defendant's cross motion for summary judgment dismissing the complaint denied.

For the reasons stated in Boston Post Road Medical Imaging, P.C. v
Progressive Insurance Co. (___ Misc 3d ___, 2007 NY Slip Op _____, decided herewith), defendant's cross motion for summary judgment is denied.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: June 7, 2007