Appeal from an order of the Civil Court of the City of New York, Kings County (Reginald A. Boddie, J.), entered January 6, 2011, deemed from a judgment of the same court entered January 31, 2011 (see CPLR 5501 [c]).
Favorite Health Prods., Inc. v GEICO Ins. Co.
Decided on February 11, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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: PESCE, P.J., RIOS and SOLOMON, JJ
The judgment, entered pursuant to the January 6, 2011 order granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $2,203.
ORDERED that the judgment is reversed, with $30 costs, so much of the January 6, 2011 order as granted plaintiff's motion for summary judgment is vacated, and plaintiff's motion for summary judgment is denied.
For the reasons stated in Favorite Health Prods., Inc. as Assignee of Yiudelky Y. Burdier v Geico Ins. Co. (___ Misc 3d ___, 2013 NY Slip Op _____ [Appeal No. 2011-417 K C], decided herewith), the judgment is reversed, so much of the order entered January 6, 2011 as granted plaintiff's motion for summary judgment is vacated and plaintiff's motion for summary judgment is denied.
Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: February 11, 2013
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