Opinion
No. 2013–811 Q C.
08-05-2015
BAY LS MEDICAL SUPPLIES, INC. as Assignee of Natalee Roberts, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.
Opinion
Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered October 3, 2012. The order, insofar as appealed from, upon denying plaintiff's motion for summary judgment, made, in effect, CPLR 3212(g) findings in plaintiff's favor, and denied defendant's cross motion for summary judgment dismissing the complaint.
ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, the CPLR 3212(g) findings in plaintiff's favor are vacated, and defendant's cross motion for summary judgment dismissing the complaint is granted.
For the reasons stated in Bay LS Med. Supplies, Inc. as Assignee of Emelio Adame v. Allstate Ins. Co. (––– Misc.3d ––––, 2015 N.Y. Slip Op ______ [appeal No.2013–797 Q C], decided herewith), the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment dismissing the complaint is granted.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.