Opinion
No. 2011–3137 RI C.
2014-02-7
PROVVEDERE, INC. as Assignee of Jason Dowdy, Respondent, v. REPUBLIC WESTERN INSURANCE CO., Appellant.
Accordingly, the judgment is reversed and the matter is remitted to the Civil Court for the entry of judgment in favor of defendant dismissing the complaint ( see Cohen v. Hallmark Cards, 45 N.Y.2d 493 [1978];S.J. Pahng, M.D., P.C. v. Progressive Northeastern Ins. Co., 20 Misc.3d 137[A], 2008 N.Y. Slip Op 51537[U] [App Term, 2d & 11th Jud Dists 2008] ).