No. 2012–955 KC.
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered December 23, 2011. The order, insofar as appealed from, upon denying plaintiff's motion for summary judgment, made, in effect, CPLR 3212(g) findings in plaintiff's favor, and denied defendant's cross motion for summary judgment dismissing the complaint.
ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.
For the reasons stated in Promed Durable Equip., Inc. as Assignee of Keisha Diaz v. GEICO Ins. (––– Misc.3d ––––, 2014 N.Y. Slip Op –––– [Appeal No.2012–95 K C], decided herewith), the order, insofar as appealed from, is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.