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All Boro Psychological Services, P.C. As Assignee of Antonio Marmolejo, Appellant v. State Farm Mutual Automobile Ins. Co.

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


May 6, 2013

ALL BORO PSYCHOLOGICAL SERVICES, P.C. AS ASSIGNEE OF ANTONIO MARMOLEJO, APPELLANT, --
v.
STATE FARM MUTUAL AUTOMOBILE INS. CO., RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered June 25, 2010, deemed from a judgment of the same court entered October 27, 2010 (see CPLR 5501 [c]).

All Boro Psychological Servs., P.C. v State Farm Mut. Auto. Ins. Co.

Decided on May 6, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 25, 2010 order denying plaintiff's motion for summary judgment and granting defendant's cross motion for summary judgment, dismissed the complaint.

ORDERED that the judgment is affirmed, with $25 costs.

For the reasons stated in Five Boro Psychological Servs., P.C. v State Farm Mut. Auto. Ins. Co. (___ Misc 3d ___, 2013 NY Slip Op ______ [Appeal No. 2011-629 K C, decided herewith]), the judgment is affirmed.

Pesce, P.J., Rios and Solomon, JJ., concur. Decision Date: May 06, 2013

20130506

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