Opinion
2012-2002 K C
03-16-2015
A.M. Medical, P.C. as Assignee of SERGEY BANKOVSKIY, Respondent, The v. Continental Insurance Co., Defendant, -and- ENCOMPASS INSURANCE COMPANY, Appellant.
PRESENT: : , ALIOTTA and SOLOMON, JJ.
Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered January 11, 2011. The order denied a motion by defendant Encompass Insurance Company for summary judgment dismissing the complaint insofar as asserted against it.
ORDERED that the order is reversed, with $30 costs, and the motion by defendant Encompass Insurance Company for summary judgment dismissing the complaint insofar as asserted against it is granted.
For the reasons stated in A.M. Med., P.C. as Assignee of Natalia Panarina v The Continental Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2012-1998 K C], decided herewith), the order is reversed and the motion by defendant Encompass Insurance Company for summary judgment dismissing the complaint insofar as asserted against it is granted.
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: March 16, 2015