| Avicenna Med. Arts, P.L.L.C. v Ameriprise Auto & Home |
| 2015 NY Slip Op 50703(U) [47 Misc 3d 145(A)] |
| Decided on May 5, 2015 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered November 30, 2012, deemed from a judgment of the same court entered December 28, 2012 (see CPLR 5501 [c]). The judgment, entered pursuant to the November 30, 2012 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $2,353.46.
ORDERED that the judgment is reversed, without costs, so much of the order entered November 30, 2012 as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion is denied.
For the reasons stated in Avicenna Med. Arts, P.L.L.C. as Assignee of Wilkys Abreu v Ameriprise Auto & Home (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-66 Q C], decided herewith), the judgment is reversed, so much of the order entered November 30, 2012 as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion is denied.
Pesce, P.J., Weston and Aliotta, JJ., concur.