Eagle Surgical Supply, Inc. v Travelers Indem. Co.

[*1] Eagle Surgical Supply, Inc. v Travelers Indem. Co. 2010 NY Slip Op 51457(U) [28 Misc 3d 137(A)] Decided on August 12, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 12, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2009-1189 K C. 2009-1179 K C], decided herewith), the order is reversed and defendant's motion for summary judgment is denied. NO. 2009-1189 K C

Eagle Surgical Supply, Inc. as Assignee of BERNARD ROCHETEAU, Appellant,

against

Travelers Indemnity Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Sylvia G. Ash, J.), entered April 2, 2009. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed without costs and defendant's motion for summary judgment is denied.

For the reasons stated in Eagle Surgical Supply, Inc. as Assignee of Trevor Anthony Christie v Travelers Indem. Co. (___ Misc 3d ___, 2010 NY Slip Op_____ [Appeal No.

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

Golia, J., concurs in a separate memorandum.

Golia, J., concurs in the following memorandum:

I concur for the reasons stated in my concurrence in Eagle Surgical Supply as Assignee of Trevor Anthony Christie v Travelers Indem. Co. (___ Misc 3d ___, 2010 NY Slip Op ______ [Appeal No. 2009-1179 KC], decided herewith).
Decision Date: August 12, 2010