PMR Medical and Diagnostic, P.C. v. American Transit Ins. Co.

Full title: PMR Medical and Diagnostic, P.C. as Assignee of ANA BURDIER, Respondent…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Oct 14, 2011

2011 N.Y. Slip Op. 51873 (N.Y. App. Term 2011)

Opinion

2010-2159 K C.

10-14-2011

PMR Medical and Diagnostic, P.C. as Assignee of ANA BURDIER, Respondent, v. American Transit Ins. Co., Appellant.

PESCE

PRESENT: : , P.J., RIOS and STEINHARDT, JJ

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered February 24, 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.

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.