Flatlands Med., P.C. v AAA Ins.

[*1] Flatlands Med., P.C. v AAA Ins. 2014 NY Slip Op 50281(U) Decided on February 14, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 14, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., ALIOTTA and SOLOMON, JJ
.

Flatlands Medical, P.C. as Assignee of HARRY BRENTON, Appellant,

against

AAA Insurance, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered February 28, 2012. The order granted defendant's motion for leave to renew and reargue its prior cross motion for summary judgment dismissing the complaint, and, upon renewal and reargument, granted defendant's cross motion.

ORDERED that the order is affirmed, without costs.

For the reasons stated in Flatlands Med., P.C. as Assignee of Harry Brenton v AAA Insurance (___ Misc 3d ___, 2014 NY Slip Op ___ [Appeal No. 2012-1088 K C], decided herewith), the order of the Civil Court is affirmed, albeit on grounds other than those stated by the Civil Court.

Weston, J.P., Aliotta and Solomon, JJ., concur.
Decision Date: February 14, 2014