SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
April 26, 2011
RADIOLOGY TODAY, P.C. AS ASSIGNEE OF JOHN GROVES,
GEICO GENERAL INSURANCE COMPANY,
Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), entered January 29, 2010, deemed from a judgment of the same court entered February 5, 2010 (see CPLR 5501[c]).
Radiology Today, P.C. v GEICO Gen. Ins. Co.
Decided on April 26, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: GOLIA, J.P., PESCE and STEINHARDT, JJ.
The judgment, entered pursuant to the order of January 29, 2010 granting defendant's motion to dismiss the complaint upon plaintiff's failure to comply with a discovery order, dismissed the complaint.
ORDERED that the judgment is affirmed, without costs.
For the reasons stated in Radiology Today, P.C. as Assignee of Roydon Pile v Geico Gen. Ins. Co. ( Misc 3d , 2011 NY Slip Op [Appeal No. 2010-193 Q C], decided herewith), the judgment is affirmed.
Golia, J.P., Pesce and Steinhardt, JJ., concur.
Decision Date: April 26, 2011
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