Opinion
Motion No: 2011-01883 NC
07-23-2015
NYU-Hospital For Joint Diseases as Assignee of Derly Marte, Appellant, v. American Transit Insurance Company, Respondent.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to renew an appeal from an order of the District Court of Nassau County, First District, dated October 6, 2010, which was determined by decision and order of this court dated December 20, 2012 (38 Misc 3d 128[A], 2012 NY Slip Op 52387[U]).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to renew is granted, and, upon renewal, the original determination is adhered to.
While appellant correctly argues that, pursuant to Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co. (114 AD3d 33 [2013], affd ___ NY3d ___, 2015 NY Slip Op 04787 [2015]), it demonstrated its prima facie entitlement to summary judgment, a review of the record reveals that respondent raised a triable issue of fact in opposition to appellant's summary judgment motion. Accordingly, we adhere to the decision and order dated December 20, 2012, which affirmed the order of the District Court dated October 6, 2010 denying appellant's motion for summary judgment.
Iannacci, J.P., Tolbert and Garguilo, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk