Opinion
2016-1055 K C
11-23-2018
NOVA CHIROPRACTIC SERVICES, P.C., as Assignee of Shawn Douse, Respondent, v. GEICO GENERAL INSURANCE COMPANY, Appellant.
The Law Office of Printz & Goldstein (Lawrence J. Chanice of counsel), for appellant. Law Office Ilona Finkelshteyn, P.C. (Emilia I. Rutigliano of counsel), for respondent.
The Law Office of Printz & Goldstein (Lawrence J. Chanice of counsel), for appellant.
Law Office Ilona Finkelshteyn, P.C. (Emilia I. Rutigliano of counsel), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
Appeal from a judgment of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered January 29, 2016. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,310.94.
ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for a new trial.
At a nonjury trial of this action by a provider to recover assigned first-party no-fault benefits, the sole issue was the medical necessity of the services in question. The Civil Court precluded the testimony of defendant's expert witness and granted plaintiff's motion for a directed verdict. Defendant appeals from the judgment that was subsequently entered in favor of plaintiff in the principal sum of $1,310.94.
For the reasons stated in Nova Chiropractic Servs., P.C., as Assignee of Miguel A. Vizcaino v. GEICO Gen. Ins. Co. (––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2016-1054 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.
PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.