Ultimate Health Prods., Inc. v. Am. Transit Ins. Co.

Full title: Ultimate Health Products, Inc., as Assignee of SAMUEL CHASTON, Appellant…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Mar 15, 2016

2016 N.Y. Slip Op. 50323 (N.Y. App. Term 2016)

2016 N.Y. Slip Op. 50484

Opinion

2013-1230 Q C

03-15-2016

Ultimate Health Products, Inc., as Assignee of SAMUEL CHASTON, Appellant, v. American Transit Ins. Co., Respondent.

PESCE, P.J., ALIOTTA and ELLIOT, JJ.

PRESENT: :

Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered May 8, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

For the reasons stated in Ultimate Health Prods., Inc. as Assignee of Tamezan Osmali v American Tr. Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-1479 Q C], decided herewith), the order is affirmed.

Pesce, P.J., Aliotta and Elliot, JJ., concur. Decision Date: March 15, 2016