From Casetext: Smarter Legal Research

FIVE BORO SERV. v. GEICO GEN. INS. CO.

Appellate Term of the Supreme Court of New York, Second Department
Oct 18, 2011
2011 N.Y. Slip Op. 51877 (N.Y. App. Term 2011)

Opinion

2010-657 K C.

Decided October 18, 2011.

Appeal from a decision of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), dated October 8, 2009, deemed from a judgment of the same court entered February 11, 2010 (see CPLR 5520 [c]). The judgment, after a nonjury trial, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ.


After the trial of this action by a provider to recover assigned first-party no-fault benefits, the Civil Court granted defendant's motion for a directed verdict and dismissed the complaint. The court found that plaintiff had not established that the claim at issue was overdue, as the testimony of plaintiff's witness was not based upon personal knowledge. We agree. Accordingly, the judgment is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.


Summaries of

FIVE BORO SERV. v. GEICO GEN. INS. CO.

Appellate Term of the Supreme Court of New York, Second Department
Oct 18, 2011
2011 N.Y. Slip Op. 51877 (N.Y. App. Term 2011)
Case details for

FIVE BORO SERV. v. GEICO GEN. INS. CO.

Case Details

Full title:FIVE BORO PSYCHOLOGICAL SERVICES, P.C. AS ASSIGNEE OF NADINE ZUBENKO…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Oct 18, 2011

Citations

2011 N.Y. Slip Op. 51877 (N.Y. App. Term 2011)

Citing Cases

FIVE BORO SERV. v. GEICO GEN. INS. CO.

PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ. For the reasons set forth in Five Boro Psychological Servs.,…