Opinion
2010-1687 K C.
Decided October 14, 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, 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., RIOS and STEINHARDT, JJ.
For the reasons stated in MSSA Corp. as Assignee of Linda Smith-Pena v American Tr. Ins. Co. ( ___ Misc 3d ___, 2011 NY Slip Op _____ [Appeal No. 2010-1613 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., Rios and Steinhardt, JJ., concur.