Alleviation Med. Servs., P.C. v United Servs. Auto. Assn.

[*1] Alleviation Med. Servs., P.C. v United Servs. Auto. Assn. 2015 NY Slip Op 50798(U) Decided on May 19, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 19, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2012-2094 Q C

Alleviation Medical Services, P.C. as Assignee of ISAIAH SIMMONS, Appellant,

against

United Services Automobile Association, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered August 17, 2012. The order granted 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 denied.

For the reasons stated in Jaime G. Gutierrez as Assignee of Isaiah Simmons

v United Servs. Auto. Assn. (___ Misc 3d ___, 2015 NY Slip Op
[appeal No. 2012-2078 Q C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

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

Decision Date: May 19, 2015