Opinion
2018-2506 K C
05-21-2021
NEW WAY MEDICAL SUPPLY CORP., as Assignee of Mondestin, Liliane, Respondent, v. LANCER INSURANCE CO., Appellant.
Hollander Legal Group, P.C. ( Allan Hollander of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.
Hollander Legal Group, P.C. ( Allan Hollander of counsel), for appellant.
The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.
PRESENT: THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ.
ORDERED that, on the court's own motion, the notice of appeal from the decision dated November 16, 2017 is deemed a premature notice of appeal from the judgment entered March 12, 2018 ( see CPLR 5520 [c] ); and it is further,
ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from a judgment, after a nonjury trial, awarding plaintiff the principal sum of $3,048.40.
For the reasons stated in JCC Med. P.C., as Assignee of Damis, Magalie v Lancer Ins. Co. (––– Misc 3d ––––, 2021 NY Slip Op –––– [appeal No. 2018-2503 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.
ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.