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,
GEICO INDEMNITY COMPANY,
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This opinion is uncorrected and will not be published in the printed Official Reports.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
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