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N.Y. Diagnostic Med. Care, P.C. v. Country-Wide Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
May 19, 2015
2015 N.Y. Slip Op. 50805 (N.Y. App. Term 2015)

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


Summaries of

N.Y. Diagnostic Med. Care, P.C. v. Country-Wide Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
May 19, 2015
2015 N.Y. Slip Op. 50805 (N.Y. App. Term 2015)
Case details for

N.Y. Diagnostic Med. Care, P.C. v. Country-Wide Ins. Co.

Case Details

Full title:New York Diagnostic Medical Care, P.C. as Assignee of RAYMOND MELLS…

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

Date published: May 19, 2015

Citations

2015 N.Y. Slip Op. 50805 (N.Y. App. Term 2015)