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ODESSA MEDICAL SUPPLY, INC. v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

18 Misc.3d 722 (2007)

852 N.Y.S.2d 685

ODESSA MEDICAL SUPPLY, INC. (B), as Assignee of JESSICA GARCIA, Plaintiff, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant.

Civil Court of the City of New York, Bronx County.

December 10, 2007.

Attorney(s) appearing for the Case

Law Offices of Teresa M. Spina, Woodbury (Emilio A. Cacace of counsel), for defendant.

Leon Kucherovsky, New York City (Alan Goldstein of counsel), for plaintiff.

OPINION OF THE COURT

SHARON AARONS, J.

Relief Requested

Defendant moves for an order, pursuant to CPLR 2221 (e), granting defendant leave to renew and ordering a new trial based upon a change in law. Defendant's motion is granted. Written opposition was submitted. Defendant's motion for leave to renew is granted and upon renewal this court's decision/order, dated October 31, 2006, is vacated, and...

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