Opinion
2013-65 K C
05-19-2015
New York Diagnostic Medical Care, P.C. as Assignee of RAYMOND MELLS, Appellant, v. Country-Wide Insurance Company, Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered December 6, 2012. The order denied plaintiff's motion for summary judgment and, in effect, granted defendant's cross motion for summary judgment dismissing the complaint.
ORDERED that the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.
For the reasons stated in New York Diagnostic Med. Care, P.C. as Assignee of Carlos Martinez v Country-Wide Ins. Co. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-356 K C], decided herewith), the order is modified by providing that defendant's cross motion for summary judgment dismissing the complaint is denied.
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: May 19, 2015