Opinion
570743/09.
Decided November 12, 2010.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), dated April 28, 2009, which denied its motion for summary judgment dismissing the complaint.
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ.
Order (Mitchell J. Danziger, J.), dated April 28, 2009, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly. ( See Marina v Praetorian Ins. Co. , 28 Misc 3d 132[A], 2010 NY Slip Op 51292[U]).
THIS CONSTITUTES THE ORDER OF THE COURT.