Melbourne Med. P.C. v. Utica Mut. Ins. Co.

Full title: MELBOURNE MEDICAL, P.C. Assignee of JOSE CABREJA, Respondent, v. UTICA…

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

Date published: Jun 7, 2004

2004 N.Y. Slip Op. 50584 (N.Y. App. Term 2004)

Opinion

No. 2003-765 QC.

Decided June 7, 2004.

Appeal by defendant from an order of the Civil Court, Queens County (K. Kerrigan, J.), entered January 15, 2003, denying its motion for summary judgment and granting plaintiff's cross motion for summary judgment.

Order unanimously affirmed without costs.

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.

Upon a review of the record, we are of the opinion that the defendant's motion for summary judgment was properly denied, and plaintiff's cross motion for summary judgment properly granted, for the reasons stated in Melbourne Med. P.C. v. Utica Mut. Ins. Co. (NO. 2003-753 Q C, decided herewith).