All Borough Grp. Med. Supply, Inc. v. Geico Ins. Co.

Full title: ALL BOROUGH GROUP MEDICAL SUPPLY, INC. as Assignee of Hemley Winston…

Court: Supreme Court, Appellate Term, Second Department, 2nd, 11th and 13th Judicial Districts.

Date published: Jul 12, 2013

40 Misc. 3d 134 (N.Y. App. Term 2013)

2013 N.Y. Slip Op. 51261

975 N.Y.S.2d 707

Opinion

No. 2011–1020QC.

2013-07-12

ALL BOROUGH GROUP MEDICAL SUPPLY, INC. as Assignee of Hemley Winston, Appellant, v. GEICO INSURANCE COMPANY, Respondent.

For the reasons stated in All Borough Group Med. Supply, Inc. as Assignee of Joyce Glover v. GEICO Ins. Co. (––– Misc.3d ––––, 2013 N.Y. Slip Op ____ [Appeal No.2011–1022 Q C], decided herewith), the judgment is reversed, the complaint is reinstated and the matter is remitted to the Civil Court for a new trial.

PESCE, P.J., WESTON and RIOS, JJ., concur.