Excel Surgery Ctr., L.L.C. v. Fiduciary Ins. Co. of Am.

Excel Surgery Center, L.L.C., as Assignee of Hector Trinidad, Appellant,

against

Fiduciary Insurance Company of America, Respondent.

Law Office of Gabriel & Shapiro, LLC, Steven F. Palumbo, Esq., for appellant. Rubin, Fiorella & Friedman, LLP, Dean G. Aronin, Esq., for respondent.

Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated May 28, 2015. The order granted defendant's motion for summary judgment dismissing the complaint on the ground that the action was premature.

ORDERED that the order is affirmed, without costs.

In this action by a…