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Avenue I Medical, P.C. As Assignee of Lawrence Sherman v. Infinity Property & Casualty Co

May 25, 2012

AVENUE I MEDICAL, P.C. AS ASSIGNEE OF LAWRENCE SHERMAN,
APPELLANT,
v.
INFINITY PROPERTY & CASUALTY CO.,
RESPONDENT.



Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered July 27, 2010.

Avenue I Med., P.C. v Infinity Prop. & Cas. Co.

Decided on May 25, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.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: WESTON, J.P., PESCE and RIOS, JJ

The order, insofar as appealed from as limited by the brief, granted defendant's motion for summary judgment dismissing the complaint. The appeal is deemed to be from a judgment of the same court entered October 7, 2010, pursuant to the July 27, 2010, order dismissing the complaint (see CPLR 5501 [c]).

ORDERED that the judgment is affirmed, without costs.

For the reasons stated in W.H.O. Acupuncture, P.C. as Assignee of Lawrence Sherman v Infinity Prop. & Cas. Co. (___ Misc 3d ___, 2012 NY Slip Op _____ [Appeal No. 2010-2420 Q C], decided herewith), the judgment of the Civil Court is affirmed.

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

Decision Date: May 25, 2012

20120525

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