E. 75th St. Diagnostic Imaging, P.C. v. N.Y. Cent. Mut. Fire Ins. Co.

Full title: EAST 75TH STREET DIAGNOSTIC IMAGING, P.C. as Assignee of Carlos Cruz…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Mar 28, 2012

950 N.Y.S.2d 722 (N.Y. App. Div. 2012)

Opinion

No. 2011–143 N C.

2012-03-28

EAST 75TH STREET DIAGNOSTIC IMAGING, P.C. as Assignee of Carlos Cruz, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., Appellant.

Present: LaCAVA, J.P., MOLIA and IANNACCI, JJ.

Appeal from an order of the District Court of Nassau County, First District (Andrea Phoenix, J.), dated November 22, 2010. The order denied defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted.

For the reasons stated in East 75th St. Diagnostic Imaging, P.C. as Assignee of Carmelo Polanco v. New York Cent. Mut. Fire Ins. Co. (––– Misc.3d ––––, 2012 N.Y. Slip Op –––– [Appeal No.2011–127 N C], decided herewith), the order of the District Court is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

LaCAVA, J.P., MOLIA and IANNACCI, JJ., concur.