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A-Quality Medical Supply As Assignee of Shaneice Johnson, Respondent v. Geico General Ins. Co.

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


March 18, 2013

A-QUALITY MEDICAL SUPPLY AS ASSIGNEE OF SHANEICE JOHNSON, RESPONDENT,
v.
GEICO GENERAL INS. CO., APPELLANT.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.; op 30 Misc 3d 485 [2010]), entered February 23, 2011.

A-Quality Med. Supply v GEICO Gen. Ins. Co.

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 18, 2013

PRESENT: WESTON, J.P., ALIOTTA and SOLOMON, JJ

The judgment, after a non-jury trial, awarded plaintiff the principal sum of $5,319.45.

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for further proceedings consistent herewith.

For the reasons stated in A-Quality Med. Supply as Assignee of Jason Diggs v GEICO Gen. Ins. Co., ( Misc 3d , 2013 NY Slip Op [Appeal No. 2011-2326 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for further proceedings consistent therewith.

Weston, J.P., Aliotta and Solomon, JJ., concur. Decision Date: March 18, 2013

20130318

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