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Parkway Mri, P.C. As Assignee of Boris Kariyev, Pierre Dieucern v. State Wide Ins. Co

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


December 20, 2010

PARKWAY MRI, P.C. AS ASSIGNEE OF BORIS KARIYEV, PIERRE DIEUCERN,
NICHOLAS SURIANI, YVONNE PARRISH,
PAULETTE HORACIUS, PASCALE SYLLA, ORRIE MURRAY,
SAUNDREA OWENS AND ANN ALEXANDER,
RESPONDENT,
v.
STATE WIDE INS. CO.,
APPELLANT.

Appeals from a judgment of the Civil Court of the City of New York, Queens County (Bernice Daun Siegal, J.), entered December 30, 2008, and from an order of the same court (Diane A. Lebedeff, J.), entered May 27, 2009.

Parkway MRI, P.C. v. State Wide Ins. Co.

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 20, 2010

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

The judgment, after a non-jury trial, awarded plaintiff the principal sum of $12,517.77. The order denied defendant's motion to vacate the judgment.

ORDERED that the judgment is affirmed, without costs; and it is further,

ORDERED that the appeal from the order is dismissed.

For the reasons stated in Belt Parkway Imaging, P.C. and Parkway MRI, P.C. as Assignees of Denise Arrindell and Steven Arrindell v State-Wide Ins. Co. (Misc 3d , 2010 NY Slip Op [Appeal Nos. 2009-113 Q C and 2009-1471 Q C], decided herewith), the judgment is affirmed and the appeal from the order is dismissed.

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

Decision Date: December 20, 2010

20101220

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