All Boro Psychological Servs., P.C. v Travelers Indem. Co.

[*1] All Boro Psychological Servs., P.C. v Travelers Indem. Co. 2014 NY Slip Op 50970(U) Decided on June 13, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 13, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., PESCE and ALIOTTA, JJ.
2012-938 K C

All Boro Psychological Services, P.C. as Assignee of YVES GAY, Respondent,

against

Travelers Indemnity Co., Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered August 1, 2011. The judgment, entered pursuant to a decision of the same court dated January 6, 2011, after a nonjury trial, awarded plaintiff the principal sum of $1,061.63.

ORDERED that, on the court's own motion, the notice of appeal from the decision dated January 6, 2011 is deemed a premature notice of appeal from the judgment entered August 1, 2011 (see CPLR 5520 [c]); and it is further,

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of judgment in favor of defendant dismissing the complaint.

For the reasons stated in All Boro Psychological Servs., P.C. as Assignee of Ucebia Wilson v Travelers Prop. Cas. Co. of Am. (___ Misc 3d ___, 2014 NY Slip Op ___ [Appeal No. 2012-929 K C ], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of judgment in favor of defendant dismissing the complaint.

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

Decision Date: June 13, 2014