Compas Med., P.C. v. Geico Ins. Co.

Full title: COMPAS MEDICAL, P.C. as Assignee of Daniel Monzon–Marquez, Appellant, v…

Court: Supreme Court, Appellate Term, Second Department, 2, 11 & 13th Judicial Dist.

Date published: Aug 8, 2014

44 Misc. 3d 138 (2d Cir. 2014)

999 N.Y.S.2d 796

2014 N.Y. Slip Op. 51260

Opinion

No. 2012–908KC.

2014-08-8

COMPAS MEDICAL, P.C. as Assignee of Daniel Monzon–Marquez, Appellant, v. GEICO INS. CO., Respondent.

Present: PESCE, P.J., WESTON and ALIOTTA, JJ.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered October 11, 2011. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

For the reasons stated in Compas Med., P.C. as Assignee of Jeanne Baptiste v. GEICO Ins. Co. (––– Misc.3d ––––, 2014 N.Y. Slip Op –––– [Appeal No.2012–714 K C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.