Opinion
2015–1738 Q C
12-22-2017
ALUR MEDICAL SUPPLY, INC., as Assignee of Daniels, Donald, Respondent, v. GEICO INS. CO., Appellant.
The Law Office of Printz & Goldstein (Lawrence J. Chanice, Esq.), for appellant. Law Offices of Emilia I. Rutigliano, P.C. (Emilia I. Rutigliano, Esq.), for respondent.
The Law Office of Printz & Goldstein (Lawrence J. Chanice, Esq.), for appellant.
Law Offices of Emilia I. Rutigliano, P.C. (Emilia I. Rutigliano, Esq.), for respondent.
PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for a new trial.
In this action by a provider to recover assigned first-party no-fault benefits for medical supplies it had provided to its assignor, defendant appeals from a judgment of the Civil Court which, after a nonjury trial, awarded plaintiff the principal sum of $740.25.
For the reasons stated in Staten Is. Advanced Surgical Supply, as Assignee of Gu Zhang v. GEICO Ins. Co. (––– Misc 3d ––––, 2017 NY Slip Op –––– [appeal No. 2015–1734 Q 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 SOLOMON, JJ., concur.