Modern Med. Serv. v. Country Wide Ins.

Full title: MODERN MEDICAL SERVICES, P.C. a/a/o SYEDA NIPA, Respondent, v. COUNTRY…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: May 27, 2009

2009 N.Y. Slip Op. 51074 (N.Y. App. Term 2009)

Opinion

2008-684 Q C.

Decided May 27, 2009.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered December 20, 2007. The order denied defendant's motion to vacate the notice of trial and certificate of readiness.

Order reversed without costs and defendant's motion to vacate the notice of trial and certificate of readiness granted.

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ.

For the reasons stated in Queens Chiropractic Mgt., P.C. a/a/o Mohammad Seraz Islam v Country Wide Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op _______

[No. 2008-683 Q C], decided herewith), the order is reversed and defendant's motion to vacate the notice of trial and certificate of readiness is granted.

Pesce, P.J., Golia and Steinhardt, JJ., concur.