Jamhil Med., P.C. v. Allstate Ins. Co.

Full title: Jamhil Medical, P.C. as Assignee of YURIY ISKHAKOV, Respondent, v…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Apr 27, 2012

2012 N.Y. Slip Op. 50781 (N.Y. App. Term 2012)

Opinion

04-27-2012

Jamhil Medical, P.C. as Assignee of YURIY ISKHAKOV, Respondent, v. Allstate Ins. Co., Appellant.

PESCE

PRESENT: : , P.J., RIOS and ALIOTTA, JJ.

Appeal from an order of the Civil Court of the City of New York, Kings County (Jacqueline D. Williams, J.), entered May 3, 2010. The order, insofar as appealed from as limited by the brief, granted plaintiff's motion for summary judgment. The appeal is deemed from a judgment of the same court, entered June 17, 2010, awarding plaintiff the principal sum of $1,565.64 (see CPLR 5501 [c]).

ORDERED that the judgment is reversed, without costs, so much of the order as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion is denied.

For the reasons stated in Jamhil Med., P.C. as Assignee of Albert Christie and Cheddi Holness v Allstate Ins. Co. (___ Misc 3d ___, 2012 NY Slip Op ___ [Appeal No. 2010-1880 K C], decided herewith), the judgment is reversed, so much of the order as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion is denied.

Pesce, P.J., Rios and Aliotta, JJ., concur.