Velen Med. Supply, Inc. v. Progressive Ins. Co.

Full title: Velen Medical Supply, Inc. as Assignee of SATIRE K. GUMBS, Respondent, v…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Nov 17, 2011

2011 N.Y. Slip Op. 52136 (N.Y. App. Term 2011)

Opinion

2010-1986 K C

11-17-2011

Velen Medical Supply, Inc. as Assignee of SATIRE K. GUMBS, Respondent, v. Progressive Insurance Company, Appellant.

STEINHARDT

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

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered March 2, 2010. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,816.

ORDERED that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial.

For the reasons stated in Alrof, Inc. as Assignee of Alex Gutierrez v Progressive Ins. Co. (___ Misc 3d ___, 2011 NY Slip Op ___ [No. 2010-2120 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.

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