Bay LS Med. Supplies, Inc. v. Allstate Ins. Co.

Full title: Bay LS Medical Supplies, Inc. as Assignee of NATALEE ROBERTS, Respondent…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Aug 5, 2015

2015 N.Y. Slip Op. 51230 (N.Y. App. Term 2015)

26 N.Y.S.3d 212

Opinion

2013-811 Q C

08-05-2015

Bay LS Medical Supplies, Inc. as Assignee of NATALEE ROBERTS, Respondent, August 5, 2015 v. Allstate Insurance Company, Appellant.

PESCE, P.J., ALIOTTA and SOLOMON, JJ.

PRESENT: :

Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered October 3, 2012. The order, insofar as appealed from, upon denying plaintiff's motion for summary judgment, made, in effect, CPLR 3212 (g) findings in plaintiff's favor, and denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, the CPLR 3212 (g) findings in plaintiff's favor are vacated, and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in Bay LS Med. Supplies, Inc. as Assignee of Emelio Adame v Allstate Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-797 Q C], decided herewith), the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment dismissing the complaint is granted.

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

Decision Date: August 05, 2015