ALUR MED. SUP. v. COUNTRY-WIDE INS.

Full title: ALUR MEDICAL SUPPLY, INC. as assignee of KARLA WILDMAN, Respondent, v…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Feb 24, 2009

2009 N.Y. Slip Op. 50329 (N.Y. App. Term 2009)

Opinion

2007-1736 Q C.

Decided on February 24, 2009.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered September 24, 2007, deemed from a judgment of the same court entered October 16, 2007 (see CPLR 5501 [c]). The judgment, entered pursuant to the September 24, 2007 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment, awarded plaintiff the principal sum of $1,879.25.

Judgment reversed without costs, so much of the order as granted plaintiff's motion for summary judgment vacated, plaintiff's motion for summary judgment denied, and matter remanded to the Civil Court for all further proceedings.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.

For the reasons stated in Velen Med. Supply, Inc. v Country-Wide Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2007-1406 Q C], decided herewith), the judgment is reversed, so much of the order as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion for summary judgment is denied.

Pesce, P.J., Golia and Rios, JJ., concur.