Opinion
No. 2013–1339QC.
11-20-2015
Opinion
Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered March 22, 2013. The order, insofar as appealed from as limited by the notice of appeal, denied the branch of plaintiff's motion seeking summary judgment on the third cause of action and granted the branch of defendant's cross motion seeking summary judgment dismissing that cause of action.
ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.
For the reasons stated in Delta Diagnostic Radiology, P.C. as Assignee of Yvan Pleteau v. American Tr. Ins. Co. (––– Misc.3d ––––, 2015 N.Y. Slip Op –––– [appeal No.2013–745 QC], decided herewith), the order, insofar as appealed from, is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.