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MAGIC RECOVERY v. STATE FARM

2008-863 K C.

27 Misc.3d 67 (2010)

901 N.Y.S.2d 774

MAGIC RECOVERY MEDICAL & SURGICAL SUPPLY INC., as Assignee of Igor Elkin and Others, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.

Supreme Court, Appellate Term, Second Department.

Decided April 9, 2010.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn ( Darya Klein of counsel), for appellant.

PESCE and RIOS, JJ., concur; GOLIA, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed without costs, the branch of defendant's motion which sought summary judgment on the ground that the action was barred by collateral estoppel is denied, and the matter is remitted to the Civil Court for a determination of the remaining branch of defendant's motion.

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