A-Quality Med. Supply v. Geico Gen. Ins. Co.

Full title: A-Quality Medical Supply as Assignee of SHANEICE JOHNSON, Respondent, v…

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

Date published: Mar 18, 2013

39 Misc. 3d 128 (N.Y. App. Div. 2013)

2013 N.Y. Slip Op. 50425

971 N.Y.S.2d 69

Opinion

2011-1134 K C

03-18-2013

A-Quality Medical Supply as Assignee of SHANEICE JOHNSON, Respondent, v. GEICO General Ins. Co., Appellant.

WESTON

PRESENT: : , J.P., ALIOTTA and SOLOMON, JJ

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.; op 30 Misc 3d 485 [2010]), entered February 23, 2011. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,319.45.

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for further proceedings consistent herewith.

For the reasons stated in A-Quality Med. Supply as Assignee of Jason Diggs v GEICO Gen. Ins. Co., (Misc 3d , 2013 NY Slip Op [Appeal No. 2011-2326 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for further proceedings consistent therewith.

Weston, J.P., Aliotta and Solomon, JJ., concur.