Opinion
No. 2013–2467RIC.
05-06-2015
PRECISION DIAGNOSTIC IMAGING, P.C. as Assignee of Simon Zlotnikov, Respondent, v. INFINITY INSURANCE COMPANY, Appellant.
Opinion
ORDERED that, on the court's own motion, the notice of appeal from an order of the same court dated November 6, 2013 is deemed a premature notice of appeal from the amended order entered December 12, 2013 (see CPLR 5520[c] ); and it is further,
ORDERED that the amended order is reversed, with $30 costs, and defendant's motion to dismiss the complaint is granted.
For the reasons stated in Richard A. Hellander, M.D., P.C. as Assignee of Bryan Friend v. Metlife Auto & Home Ins. Co. (––– Misc.3d ––––, 2015 N.Y. Slip Op –––– [appeal No.2013–2452 RI C], decided herewith), the amended order is reversed and defendant's motion to dismiss the complaint is granted.
PESCE, P.J., SOLOMON and ELLIOT, JJ., concur.