Belt Parkway Imaging, P.C. v State Wide Ins. Co.

[*1] Belt Parkway Imaging, P.C. v State Wide Ins. Co. 2010 NY Slip Op 52231(U) [30 Misc 3d 127(A)] Decided on December 20, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 December 20, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : STEINHARDT, J.P., PESCE and WESTON, JJ
2009-116 Q C.

Belt Parkway Imaging, P.C. as Assignee of ANNA AROVA, Respondent,

against

State Wide Insurance Company, Appellant.

Appeals from a judgment of the Civil Court of the City of New York, Queens County (Bernice Daun Siegal, J.), entered December 30, 2008, and from an order of the same court (Diane A. Lebedeff, J.), entered May 28, 2009. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,153.23. The order denied defendant's motion to vacate the judgment.

ORDERED that the judgment is affirmed, without costs; and it is further,

ORDERED that the appeal from the order is dismissed.

For the reasons stated in Belt Parkway Imaging, P.C. and Parkway MRI, P.C. as Assignees of Denise Arrindell and Steven Arrindell v State-Wide Ins. Co. (___ Misc 3d ___, 2010 NY Slip Op ___ [Appeal Nos. 2009-113 Q C and 2009-1471 Q C], decided herewith), the judgment is affirmed and the appeal from the order is dismissed. Steinhardt, J.P., Pesce and Weston, JJ., concur.
Decision Date: December 20, 2010