Bath Ortho Supply, Inc. v. Encompass Indem. Co.

Full title: Bath Ortho Supply, Inc., a/a/o Jeames Cadeus, Plaintiff-Respondent, v…

Court: APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

Date published: Dec 6, 2011

2011 N.Y. Slip Op. 52171 (N.Y. App. Term 2011)

Opinion

570626/11

12-06-2011

Bath Ortho Supply, Inc., a/a/o Jeames Cadeus, Plaintiff-Respondent, v. Encompass Indemnity Company, Defendant-Appellant.

Schoenfeld

PRESENT: , J.P., Shulman, Hunter, Jr., JJ

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Raul Cruz, J.), entered October 19, 2010, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Raul Cruz, J.), entered October 19, 2010, reversed, with $10 costs, motion granted and complaint dismissed. (See Socrates Med. Health, P.C. a/a/o Juan Acevedo v Praetorian Ins. Co., appeal numbered 11-320, decided herewith.) The Clerk is directed to enter judgment accordingly.

THIS CONSTITUTES THE ORDER OF THE COURT.