Second Med., P.C. v GEICO

[*1] Second Med., P.C. v GEICO 2012 NY Slip Op 50243(U) Decided on February 9, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 9, 2012
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON J.P., GOLIA and RIOS, JJ
2010-2304 K C. x

Second Medical, P.C. as Assignee of ALEXANDER YOUNG, Respondent,

against

GEICO, Appellant. x

Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered February 11, 2010. The order, insofar as appealed from as limited by the brief, granted plaintiff's motion for summary judgment.

ORDERED that the order, insofar as appealed from, is reversed, without costs, and plaintiff's motion for summary judgment is denied.

For the reasons stated in Second Med., P.C. as Assignee of Divine Bayard, et al. v GEICO (___ Misc 3d ___, 2012 NY Slip Op _____ [Appeal No. 2010-1484 K C], decided herewith), the order, insofar as appealed from, is reversed and plaintiff's motion for summary judgment is denied.

Weston, J.P., Golia and Rios, JJ., concur.
Decision Date: February 09, 2012