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Leica Supply, Inc. As Assignee of Janette Stuart v. Geico Indemnity Company

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


March 29, 2013

LEICA SUPPLY, INC. AS ASSIGNEE OF JANETTE STUART,
APPELLANT, --
v.
GEICO INDEMNITY COMPANY,
RESPONDENT.

Appeal from a decision of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), dated October 15, 2010, deemed from a judgment of the same court entered February 16, 2011.

Leica Supply, Inc. v Geico Indem. Co.

Decided on March 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.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: RIOS, J.P., WESTON and ALIOTTA, JJ

The judgment, after a non-jury trial, dismissed the complaint.

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of judgment in favor of plaintiff in the principal sum of $907.50, plus statutory interest and attorney's fees following the calculation and assessment thereof.

For the reasons stated in Leica Supply, Inc. as Assignee of Jason Stuart v Geico Indem. Co. (___ Misc 3d ___, 2013 NY Slip Op ______ [Appeal No. 2011-2104 Q C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of judgment in favor of plaintiff in the principal sum of $907.50, plus statutory interest and attorney's fees following the calculation and assessment thereof pursuant to Insurance Law § 5106 (a) and the regulations promulgated thereunder.

Rios, J.P., Weston and Aliotta, JJ., concur. Decision

Date: March 29, 2013

20130329

© 1992-2013 VersusLaw Inc.



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