New Way Med. Supply Corp. v. Am. Transit Ins. Co.

Full title: New Way Medical Supply Corp. as Assignee of TUAN PLETEAU, Appellant, v…

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

Date published: Nov 20, 2015

2015 N.Y. Slip Op. 51722 (N.Y. App. Term 2015)

26 N.Y.S.3d 725

Opinion

2013-1399 Q C

11-20-2015

New Way Medical Supply Corp. as Assignee of TUAN PLETEAU, Appellant, v. American Transit Ins. Co., Respondent.

PESCE, P.J., ALIOTTA and SOLOMON, JJ.

PRESENT: :

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered May 23, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

For the reasons stated in Delta Diagnostic Radiology, P.C. as Assignee of Yvan Pleteau v American Tr. Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2013-745 Q C], decided herewith), the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ.

Decision Date: November 20, 2015