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East 75th Street Diagnostic Imaging, P.C. As Assignee of Carlos Cruz v. New York Central Mutual Fire Ins. Co

March 28, 2012

EAST 75TH STREET DIAGNOSTIC IMAGING, P.C. AS ASSIGNEE OF CARLOS CRUZ,
RESPONDENT, --
v.
NEW YORK CENTRAL MUTUAL FIRE INS. CO.,
APPELLANT.



Appeal from an order of the District Court of Nassau County, First District (Andrea Phoenix, J.), dated November 22, 2010.

Appellate Term, Second Department

East 75th St. Diagnostic Imaging, P.C. v New York Cent. Mut. Fire Ins. Co.

Decided on March 28, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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: LaCAVA, J.P., MOLIA and IANNACCI, JJ

The order denied defendant's motion for summary judgment dismissing the complaint.

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

For the reasons stated in East 75th St. Diagnostic Imaging, P.C. as Assignee of Carmelo Polanco v New York Cent. Mut. Fire Ins. Co. (___ Misc 3d ___, 2012 NY Slip Op _____ [Appeal No. 2011-127 N C], decided herewith), the order of the District Court is reversed and defendant's motion for summary judgment dismissing the complaint is granted.

LaCava, J.P., Molia and Iannacci, JJ., concur. Decision Date: March 28, 2012

20120328

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