Opinion
No. 2011–2498 K C.
2013-08-26
POLLENEX SERVICES, INC. as Assignee of Salih Cansev, Appellant, v. GEICO GENERAL INSURANCE COMPANY, Respondent.
For the reasons stated in LOF Med. Supply, Inc. v. Geico Gen. Ins. Co. (39 Misc.3d 136[A], 2013 N.Y. Slip Op 50595[U] [App Term, 2d, 11th & 13th Jud Dists 2013] ), the order, insofar as appealed from, is reversed, plaintiff's motion for summary judgment is granted, and the matter is remitted to the Civil Court for a calculation of statutory interest and an assessment of attorney's fees pursuant to Insurance Law § 5106 and the regulations promulgated thereunder.