Promed Durable Equip., Inc. v GEICO Ins. Co.

[*1] ? 2014 NY Slip Op 50877(U) Decided on May 22, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 22, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-961 K C

Promed Durable Equipment, Inc. as Assignee of DAVAUGHN FOOTE, Respondent,

against

GEICO Ins. Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered December 23, 2011. The order, insofar as appealed from, upon denying plaintiff's motion for summary judgment, made, in effect, CPLR 3212 (g) findings in plaintiff's favor, and denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs. For the reasons stated in Promed Durable Equip., Inc. as Assignee of Keisha Diaz v GEICO Ins. (___ Misc 3d ___, 2014 NY Slip Op ____ [Appeal No. 2012-95 K C], decided herewith), the order, insofar as appealed from, is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: May 22, 2014