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

Full title: MSSA CORP. as Assignee of FRANCES HERRING, Respondent, v. AMERICAN TRANSIT…

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

Date published: Jul 8, 2011

2011 N.Y. Slip Op. 51321 (N.Y. App. Term 2011)

Opinion

2010-1468 K C.

Decided July 8, 2011.

Appeal from an order of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), entered February 5, 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: WESTON, J.P., PESCE and RIOS, JJ.

For the reasons stated in MSSA Corp. as Assignee of Alba Rosado v American Tr. Ins. Co. (___Misc 3d___, 2011 NY Slip Op _____ [Appeal No. 2010-1217 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.

Weston, J.P., Pesce and Rios, JJ., concur.