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PROMED DURABLE EQUIP v. GEICO

2012-23 KC.

41 Misc.3d 19 (2013)

973 N.Y.S.2d 518

2013 NY Slip Op 23283

PROMED DURABLE EQUIPMENT, INC., as Assignee of Shavonne Flinch, Respondent, v. GEICO INSURANCE, Appellant.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided August 16, 2013.

Attorney(s) appearing for the Case

Law Offices of Teresa M. Spina, Woodbury ( John Dupuy of counsel), for appellant.

Law Office of Ilona Finkelshteyn, Brooklyn ( Jonathan R. Vitarelli of counsel), for respondent.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is modified by providing that the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon a claim for supplies furnished on December 16, 2008 is granted; as so modified, the order, insofar as appealed from, is affirmed, with $25 costs to appellant; and it is further, ordered that on the court's own motion, Jonathan...

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