Uptodate Med. v. State Farm Mut. Auto.

Full title: UPTODATE MEDICAL SERVICE, P.C. as assignee of NIXON EXILUS, Respondent, v…

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

Date published: Dec 8, 2009

2009 N.Y. Slip Op. 52508 (N.Y. App. Term 2009)

906 N.Y.S.2d 776

Opinion

2009-278 K C.

Decided December 8, 2009.

Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), dated November 9, 2007. The order, insofar as appealed from, denied defendant's cross motion for leave to amend its answer and, upon such amendment, for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed without costs and defendant's cross motion for leave to amend its answer and, upon such amendment, for summary judgment dismissing the complaint is granted.

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

As the pertinent facts of this case are the same as those in Uptodate Med. Serv., P.C. v State Farm Mut. Auto. Ins. Co. ( 22 Misc 3d 128 [A], 2009 NY Slip Op 50046[U] [App Term, 2d, 11th 13th Jud Dists 2009]), for the reasons stated in said case, the instant order, insofar as appealed from, is reversed, and defendant's cross motion for leave to amend its answer and, upon such amendment, for summary judgment dismissing the complaint is granted.

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