Opinion
No. 2012–939 K C.
2014-06-13
ALL BORO PSYCHOLOGICAL SERVICES, P.C. as Assignee of Curt Alleyne, Respondent, v. TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY, Appellant.
Present: WESTON, J.P., PESCE and ALIOTTA, JJ.
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered March 15, 2011. The judgment, entered pursuant to a decision of the same court dated January 6, 2011, after a nonjury trial, awarded plaintiff the principal sum of $1,061.63.
ORDERED that, on the court's own motion, the notice of appeal from the decision dated January 6, 2011 is deemed a premature notice of appeal from the judgment entered March 15, 2011 ( see CPLR 5520[c] ); and it is further,
ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of judgment in favor of defendant dismissing the complaint.
For the reasons stated in All Boro Psychological Servs., P.C. as Assignee of Ucebia Wilson v. Travelers Prop. Cas. Co. of Am. (––– Misc.3d ––––, 2014 N.Y. Slip Op –––– [Appeal No.2012–929 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of judgment in favor of defendant dismissing the complaint.