MSSA CORP. v. AMERICAN TR. INS. CO.

Full title: MSSA CORP. as Assignee of ROSARIO POLANCO, Respondent, v. AMERICAN TRANSIT…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Oct 26, 2011

2011 N.Y. Slip Op. 51998 (N.Y. App. Term 2011)

Opinion

2010-1766 K C.

Decided October 26, 2011.

Appeal from an order of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered February 2, 2010. 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.