Arguelles, M.D., P.C. v Omni Indem. Co.

[*1] Arguelles, M.D., P.C. v Omni Indem. Co. 2015 NY Slip Op 50420(U) Decided on March 17, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 17, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1423 K C

Arguelles, M.D., P.C. as Assignee of FRANKY FLEURINE, Respondent,

against

Omni Indemnity Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered March 6, 2013. 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 Compas Med., P.C. as Assignee of Mathew Bailey v Omni Indem. Co. (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2012-2678 K C],

decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

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

Decision Date: March 17, 2015