Gutierrez v Elrac, Inc. (2015 NY Slip Op 51214(U))

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Gutierrez v Elrac, Inc.

2015 NY Slip Op 51214(U) [48 Misc 3d 138(A)]

Decided on August 5, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 5, 2015

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-383 Q C

Jaime G. Gutierrez, as Assignee of SHANITA MILLER, Appellant, August 5, 2015

against

Elrac, Inc., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered January 2, 2013. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

For the reasons stated in Jaime G. Gutierrez as Assignee of Shanita Miller v Elrac, Inc. (___ Misc 3d ___, 2015 NY Slip Op _____ [appeal No. 2013-388 Q C], decided herewith), the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: August 05, 2015