St. Dominick Med. v. Progres. Ins.

Full title: ST. DOMINICK MEDICAL SERVICES, P.C. as Assignee of JULIAN NUNEZ…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Apr 5, 2011

2011 N.Y. Slip Op. 50611 (N.Y. App. Term 2011)

Opinion

2010-271 RI C.

Decided April 5, 2011.

Appeal from an order of the Civil Court of the City of New York, Richmond County (Kim Dollard, J.), entered December 17, 2009. The order denied defendant's motion to dismiss the complaint.

ORDERED that the order is reversed, without costs, and defendant's motion to dismiss the complaint is granted.

PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ.

Defendant appeals from an order denying its motion to dismiss the complaint for lack of personal jurisdiction. For the reasons stated in St. Dominick Med. Servs., P.C. as Assignee of Maria Mohammed v Progressive Ins. Co. ( ___ Misc 3d ___, 2011 NY Slip Op ___ [No. 2010-268 RI C], decided herewith), the order is reversed and defendant's motion to dismiss the complaint is granted.

Pesce, P.J., Weston and Steinhardt, JJ., concur.