Eagle Surgical Supply, Inc. v Utica Mut. Ins. Co.

[*1] Eagle Surgical Supply, Inc. v Utica Mut. Ins. Co. 2010 NY Slip Op 51058(U) [27 Misc 3d 142(A)] Decided on June 11, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 11, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON and GOLIA, JJ
2009-1047 K C.

Eagle Surgical Supply, Inc. a/a/o STEVE MARCELLUS, Appellant,

against

Utica Mutual Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Wavny Toussaint, J.), entered May 1, 2009. The order granted defendant's motion for summary judgment and denied plaintiff's cross motion for summary judgment.

ORDERED that the order is affirmed without costs.

For the reasons stated in Eagle Surgical Supply, Inc. a/a/o Sabryna Breedlove v Utica Mut. Ins. Co. (___ Misc 3d ___, 2010 NY Slip Op ____ [Appeal No. 2009-1044 K C], decided herewith), the order is affirmed.

Pesce, P.J., Weston and Golia, JJ., concur.
Decision Date: June 11, 2010