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Ocean Diagnostic Imaging P.C. v Prudential Prop. & Cas. Ins. Co.
2005 NYSlipOp 50784(U)
Decided on May 23, 2005
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 23, 2005
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: May 23, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., COVELLO and TANENBAUM, JJ.
2004-367 S C

OCEAN DIAGNOSTIC IMAGING P.C. a/a/o Myron Zayderman, Appellant,

against

PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Respondent.


Appeal by plaintiff from an order of the District Court, Suffolk County (G. Murphy, J.), dated February 2, 2004, which denied its motion for summary judgment.


Order unanimously affirmed without costs.

We take judicial notice (see Matter of Khatibi v Weill, 8 AD3d 485 [2004]; People v Comfort, 278 AD2d 872 [2000]; Matter of Cohen v Seletsky, 142 AD2d 111 [1988]) of the decision of the Appellate Term for the Second and Eleventh Judicial Districts, in the case of A. B. Medical Servs. PLLC v Prudential Prop. & Cas. Ins. Co. (7 Misc 3d 14 [App Term, 2d & 11th Jud Dists 2005]), involving the same accident that is the subject of the instant appeal, wherein the court found that defendant demonstrated the existence of a triable issue of fact as to whether there was a lack of coverage precluding summary judgment in favor of plaintiffs. Accordingly, we affirm the order of the court below which denied plaintiff's motion for summary judgment.
Decision Date: May 23, 2005