Alev Med. Supply, Inc. v Government Employees Ins. Co.
Annotate this CaseDecided on January 28, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2011-2260 Q C.
Alev Medical Supply, Inc. as Assignee of CECILE TEROY LEGAL, Appellant,
against
Government Employees Insurance Company, Respondent.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered April 26, 2011. The judgment, entered pursuant to a decision of the same court dated February 3, 2011, after a nonjury trial, dismissed the complaint.
ORDERED that, on the court's own motion, the notice of appeal from the decision dated February 3, 2011 is deemed a premature notice of appeal from the judgment entered April 26, 2011 (see CPLR 5520 [c]); and it is further,
ORDERED that the judgment is affirmed, with $25 costs.
For the reasons stated in Alev Med. Supply, Inc. as Assignee of Kecia Daniely v Government Empls. Ins. Co. (___ Misc 3d ___, 2014 NY Slip Op ____ [Appeal No. 2011-1024 Q C], decided herewith), the judgment is affirmed.
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: January 28, 2014
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