Alev Med. Supply, Inc. v. Geico Gen. Ins. Co.

Full title: ALEV MEDICAL SUPPLY, INC. as Assignee of Antonio Lopez, Appellant, v…

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

Date published: Nov 12, 2013

44 Misc. 3d 131 (N.Y. App. Term 2013)

2013 N.Y. Slip Op. 52321

997 N.Y.S.2d 668

Opinion

2013-11-12

ALEV MEDICAL SUPPLY, INC. as Assignee of Antonio Lopez, Appellant, v. GEICO GENERAL INSURANCE CO., Respondent.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered June 10, 2011. The judgment, after a nonjury trial, dismissed the complaint.
Present: PESCE, P.J., ALIOTTA and SOLOMON, JJ.

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for a new trial.

For the reasons stated in Alev Med. Supply, Inc. as Assignee of Russell Irby v. GEICO Gen. Ins. Co. (––– Misc.3d ––––, 2013 N.Y. Slip Op ______ [Appeal No.2011–3044 QC], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.