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Sigma Psychological, P.C. As Assignee of Augustin Pierre-Gardy, Respondent v. American Transit Ins. Co.

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


October 26, 2011

SIGMA PSYCHOLOGICAL, P.C. AS ASSIGNEE OF AUGUSTIN PIERRE-GARDY, RESPONDENT,
v.
AMERICAN TRANSIT INS. CO., APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered March 17, 2010.

Sigma Psychological, P.C. v American Tr. Ins. Co.

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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 26, 2011

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

The order, insofar as appealed from as limited by the brief, denied defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, without costs, and defendant's cross motion for summary judgment dismissing the complaint is granted.

For the reasons stated in MSSA Corp. as Assignee of Sophia Clarke v American Tr. Ins. Co. ( ____ Misc 3d ____, 2011 NY Slip Op _____ [Appeal No. 2010-1760 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment dismissing the complaint is granted.

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

Decision Date: October 26, 2011

20111026

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