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

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


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This opinion is uncorrected and will not be published in the printed Official Reports.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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