New Way Med. Supply Corp. v Omni Indem. Co.

[*1] New Way Med. Supply Corp. v Omni Indem. Co. 2014 NY Slip Op 51243(U) Decided on July 28, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 28, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2013-173 K C

New Way Medical Supply Corp. as Assignee of ROBENSON JOSEPH, Respondent,

against

Omni Indemnity Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered October 10, 2012. The order denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Flatbush Chiropractic, P.C. as Assignee of Gerard Edouard Riboul v Omni Indem. Co. (___ Misc 3d ___, 2014 NY Slip Op ___ [Appeal No. 2012-2088 Q C ], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

Weston, J.P., Aliotta and Elliot, JJ., concur.
Decision Date: July 28, 2014