Opinion
No. 2012–2225 Q C.
2014-05-29
Present: PESCE, P.J., ALIOTTA and SOLOMON, JJ.
Appeal from an order of the Civil Court of the City of New York, Queens County (James E. d'Auguste, J.), entered August 6, 2012, deemed from a judgment of the same court entered September 12, 2012 (see CPLR 5501[c] ). The judgment, entered pursuant to the August 6, 2012 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $2,506.47.
ORDERED that the judgment is reversed, with $30 costs, the order entered August 6, 2012 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.
For the reasons stated in East Gun Hill Med., P.C. as Assignee of Christian Gallardo v. MVAIC (––– Misc.3d ––––, 2014 N.Y. Slip Op –––– [Appeal No.2012–2223 Q C], decided herewith), the judgment is reversed, the order entered August 6, 2012 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.