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I & B SURGICAL SUPPLY v. NEW YORK CENTRAL MUTUAL FIRE INS. CO.

16 Misc.3d 4 (2007)

838 N.Y.S.2d 849

I & B SURGICAL SUPPLY, as Assignee of JEAN ELIE, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., Appellant.

Supreme Court, Appellate Term, Second Department.

April 25, 2007.

Attorney(s) appearing for the Case

Cambio Votto Cassata & Gullo, Staten Island (Thomas J. Kilbane of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn (Florence Zabokritsky of counsel), for respondent.

PESCE, P.J., GOLIA and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs, order entered December 16, 2005 vacated, plaintiff's cross motion for summary judgment denied, defendant's motion for summary judgment granted to the extent of awarding it partial summary judgment dismissing plaintiff's claims in the amounts of $1,280.30 and $1,017, and matter remanded to the court below for all further proceedings.

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