Opinion
2004367SC
Decided May 23, 2005.
Appeal by plaintiff from an order of the District Court, Suffolk County (G. Murphy, J.), dated February 2, 2004, which denied its motion for summary judgment.
Order unanimously affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
We take judicial notice ( see Matter of Khatibi v. Weill, 8 AD3d 485; People v. Comfort, 278 AD2d 872; Matter of Cohen v. Seletsky, 142 AD2d 111) of the decision of the Appellate Term for the Second and Eleventh Judicial Districts, in the case of A.B. Medical Servs. PLLC v. Prudential Prop. Cas. Ins. Co. ( 7 Misc 3d 14 [App Term, 2d 11th Jud Dists 2005]), involving the same accident that is the subject of the instant appeal, wherein the court found that defendant demonstrated the existence of a triable issue of fact as to whether there was a lack of coverage precluding summary judgment in favor of plaintiffs. Accordingly, we affirm the order of the court below which denied plaintiff's motion for summary judgment.