Bath Med. Supply, Inc. v Country-Wide Ins. Co.

[*1] Bath Med. Supply, Inc. v Country-Wide Ins. Co. 2009 NY Slip Op 52504(U) [25 Misc 3d 142(A)] Decided on May 8, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 8, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-454 Q C.

Bath Medical Supply, Inc. as assignee of MARCUS GREEN, Respondent,

against

Country-Wide Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Carolyn E. Wade, J.), entered January 18, 2008, deemed from a judgment of the same court entered February 19, 2008 (see CPLR 5501 [c]). The judgment, entered pursuant to the January 18, 2008 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment, awarded plaintiff the principal sum of $735.

Judgment affirmed without costs.

For the reasons stated in St. Vincent Med. Care, P.C. v Country-Wide Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2008-437 Q C], decided herewith), the judgment is affirmed.

Pesce, P.J., and Rios, J., concur.

Golia, J., dissents in a separate memorandum.

Golia, J., dissents and votes to reverse the judgment, vacate the order entered January 18, 2008 granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment, and deny plaintiff's motion for summary judgment and grant defendant's cross motion for summary judgment, for the reasons stated in his dissenting opinion in St. Vincent Med. Care, P.C. v Country-Wide Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2008-437 Q C], decided herewith).
Decision Date: May 08, 2009