SK Prime Med. Supply, Inc. v MVAIC

[*1] SK Prime Med. Supply, Inc. v MVAIC 2015 NY Slip Op 51664(U) Decided on November 12, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 12, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1416 K C

SK Prime Medical Supply, Inc. as Assignee of JOHN MOJICA, Respondent,

against

MVAIC, Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered June 4, 2013. The judgment, entered pursuant to a decision of the same court dated October 11, 2012, after a nonjury trial, awarded plaintiff the principal sum of $768.20.

ORDERED that, on the court's own motion, the notice of appeal from the decision dated October 11, 2012 is deemed a premature notice of appeal from the judgment entered June 4, 2013 (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 a judgment in favor of defendant dismissing the complaint.

For the reasons stated in SK Prime Med. Supply, Inc. as Assignee of Tracey Mackie v MVAIC (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2013-1411 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

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

Decision Date: November 12, 2015