Preview:

Velen Med. Supply, Inc. v Country-Wide Ins. Co. (2009 NY Slip Op 52630(U))
[*1]


Decided on December 23, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., PESCE and WESTON, JJ 2008-1847 Q C.
Velen Medical Supply, Inc. a/a/o Damien Dickenson, Respondent,
against
Country -Wide Insurance Company, Appellant.
Appeal from a judgment of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered July 29, 2008. The judgment, entered upon an order of the same court entered May 8, 2008 granting plaintiff's motion for summary judgment and denying defendant's cross motion for summary judgment dismissing the complaint, awarded plaintiff the principal sum of $1,543.
ORDERED that the judgment is reversed without costs, the order entered May 8, 2008 is vacated, plaintiff's motion for summary judgment is denied and defendant's cross motion for summary judgment dismissing the complaint is granted.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for
file:///C|/Users/Peter/Desktop/NY/1/2009_52630.htm[4/21/2013 11:43:25 AM] Velen Med. Supply, Inc. v Country-Wide Ins. Co. (2009 NY Slip Op 52630(U))
summary judgment. Defendant opposed plaintiff's motion and cross

Download 2009_52630.pdf

New York Law