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OCEAN DIAGNOSTIC IMAGING, P.C. v. MERCHANTS MUTUAL INSURANCE COMPANY

15 Misc.3d 9 (2007)

832 N.Y.S.2d 383

OCEAN DIAGNOSTIC IMAGING, P.C., as Assignee of BERTA PREPELITSKIY, Appellant, v. MERCHANTS MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court, Appellate Term, Second Department.

February 6, 2007.

Attorney(s) appearing for the Case

Marylou A. Paolucci, Smithtown, for appellant.

Callahan & Malone, Mineola (Anne V. Malone of counsel), for respondent.

PESCE, P.J., WESTON PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Appeal dismissed.

While plaintiff's motion for summary judgment was pending before the Civil Court, Stephen A. Zinn, M.D., who was the sole officer, director and shareholder of plaintiff, died. In an order dated August 16, 2005, plaintiff's motion for summary judgment was denied on the ground that the "court has no jurisdiction...

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