Boston Post Rd. Med Imaging v. Progressive

Full title: Boston Post Road Medical Imaging, P.C. a/a/o Ira Bright, Appellant, v…

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

Date published: Jun 7, 2007

2007 N.Y. Slip Op. 51174 (N.Y. App. Term 2007)

Opinion

2006-1086 N C.

Decided on June 7, 2007.

Appeal from an order of the District Court of Nassau County, First District (Sharon M.J. Gianelli, J.), dated April 5, 2006. The order, insofar as appealed from as limited by the brief, granted defendant's cross motion for summary judgment dismissing the complaint.

Order, insofar as appealed from, reversed without costs and defendant's cross motion for summary judgment dismissing the complaint denied.

Present: RUDOLPH, P.J., McCABE and TANENBAUM, JJ.

For the reasons stated in Boston Post Road Medical Imaging, P.C. v Progressive Insurance Co. (___ Misc 3d ___, 2007 NY Slip Op _____, decided herewith), defendant's cross motion for summary judgment is denied.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.