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St. Dominick Medical Services, P.C. As Assignee of Luis Leonardo v. Progressive Insurance Company

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


April 5, 2011

ST. DOMINICK MEDICAL SERVICES, P.C. AS ASSIGNEE OF LUIS LEONARDO,
RESPONDENT,
v.
PROGRESSIVE INSURANCE COMPANY,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Richmond County (Kim Dollard, J.), entered December 17, 2009.

St. Dominick Med. Servs., P.C. v Progressive 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 5, 2011

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

The order denied defendant's motion to dismiss the complaint.

ORDERED that the order is reversed, without costs, and defendant's motion to dismiss the complaint is granted.

Defendant appeals from an order denying its motion to dismiss the complaint for lack of personal jurisdiction. For the reasons stated in St. Dominick Med. Servs., P.C. as Assignee of Maria Mohammed v Progressive Ins. Co. ( ___ Misc 3d ___, 2011 NY Slip Op ___ [No. 2010-268 RI C], decided herewith), the order is reversed, and defendant's motion to dismiss the complaint is granted.

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

Decision Date: April05, 2011

20110405

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