Opinion
No. 2013–1416KC.
11-12-2015
SK PRIME MEDICAL SUPPLY, INC. as Assignee of John Mojica, Respondent, v. MVAIC, Appellant.
Opinion
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered June 4, 2013. The judgment, entered pursuant to a decision of the same court dated October 11, 2012, after a nonjury trial, awarded plaintiff the principal sum of $768.20.
ORDERED that, on the court's own motion, the notice of appeal from the decision dated October 11, 2012 is deemed a premature notice of appeal from the judgment entered June 4, 2013 (see CPLR 5520[c] ); and it is further,
ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.
For the reasons stated in SK Prime Med. Supply, Inc. as Assignee of Tracey Mackie v. MVAIC (––– Misc.3d ––––, 2015 N.Y. Slip Op –––– [appeal No.2013–1411 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.