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Velen Medical Supply, Inc. As Assignee of Satire K. Gumbs v. Progressive Insurance Company

November 17, 2011

VELEN MEDICAL SUPPLY, INC. AS ASSIGNEE OF SATIRE K. GUMBS,
RESPONDENT,
v.
PROGRESSIVE INSURANCE COMPANY,
APPELLANT.



Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered March 2, 2010.

Velen Med. Supply, Inc. v Progressive 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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 17, 2011

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

The judgment, after a non-jury trial, awarded plaintiff the principal sum of $2,816.

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial.

For the reasons stated in Alrof, Inc. as Assignee of Alex Gutierrez v Progressive Ins. Co. ( ___ Misc 3d ___, 2011 NY Slip Op ___ [No. 2010-2120 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.

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

Decision Date: November 17, 2011

20111117

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