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ALL BOROUGH GROUP v. GEICO

2011-1022 Q C.

43 Misc.3d 27 (2013)

984 N.Y.S.2d 537

2013 NY Slip Op 23262

ALL BOROUGH GROUP MEDICAL SUPPLY, INC., as Assignee of Joyce Glover, Appellant, v. GEICO INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided July 12, 2013.

Attorney(s) appearing for the Case

Law Office of Alden Banniettis, Brooklyn ( Jeff Henle of counsel), for appellant.

Law Office of Teresa M. Spina, Woodbury ( Peter J. Molesso of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that, on the court's own motion, the notice of appeal from the decision dated December 10, 2010 is deemed a premature notice of appeal from the judgment entered February 16, 2011 (see CPLR 5520 [c]); and it is further, ordered that the judgment is reversed, with $30 costs, the complaint is reinstated, and the matter is remitted to the Civil Court for a new trial.

In a nonjury trial of this action by...

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