Davydov v. Progressive Insurance Co.

Full title: DR. ALBERT DAVYDOV, DDS A/A/O EDISON ALCANTARA, Respondent, v. PROGRESSIVE…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Jul 9, 2009

2009 N.Y. Slip Op. 51491 (N.Y. App. Term 2009)

Opinion

2008-88 Q C.

Decided July 9, 2009.

Appeal from a decision of the Civil Court of the City of New York, Queens County (Anna Culley, J.), dated August 10, 2006, deemed from a judgment of the same court entered December 26, 2006 (see CPLR 5520 [c]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,345.45.

Judgment affirmed without costs.

PRESENT: PESCE, P.J., WESTON and GOLIA, JJ.

PER CURIAM.

For the reasons stated in Dr. Albert Davydov, DDS a/a/o Slikia Martinez v Progressive Insurance Company (___ Misc 3d ___, 2009 NY Slip Op ___ [Appeal No. 2008-27 Q C], decided herewith), the judgment is affirmed.

Pesce, P.J., and Weston, J., concur.

Golia, J., dissents and votes to reverse the judgment and dismiss the complaint in the following memorandum.

For the reasons stated in my dissent in Dr. Albert Davydov, DDS a/a/o Slikia Martinez v Progressive Ins. Co. (Misc 3d, 2009 NY Slip Op [Appeal No. 2008-27 Q C, decided herewith]), I believe the judgment should be reversed and the complaint dismissed.