Opinion
2010-1790 K C.
Decided October 26, 2011.
Appeal from an order of the Civil Court of the City of New York, Kings County (Kenneth P. Sherman, J.), entered November 23, 2009. The order, insofar as appealed from as limited by the brief, denied defendant's cross motion for summary judgment dismissing the complaint.
ORDERED that the order, insofar as appealed from, is reversed, without costs, and defendant's cross motion for summary judgment dismissing the complaint is granted.
PRESENT: PESCE, P.J., WESTON and RIOS, JJ.
For the reasons stated in MSSA Corp. as Assignee of Sophia Clarke v American Tr. Ins. Co. ( ___ Misc 3d ___, 2011 NY Slip Op ___ [Appeal No. 2010-1760 K 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., Weston and Rios, JJ., concur.