Brand Med. Supply, Inc. v. Infinity Ins. Co.

Full title: Brand Medical Supply, Inc., as Assignee of VLADIMIR JEAN, Respondent, v…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: May 5, 2016

2016 N.Y. Slip Op. 50739 (N.Y. App. Term 2016)

Opinion

2014-2068 K C

05-05-2016

Brand Medical Supply, Inc., as Assignee of VLADIMIR JEAN, Respondent, v. Infinity Ins. Co., Appellant.

WESTON, J.P., ALIOTTA and ELLIOT, JJ.

PRESENT: :

Appeal from a decision of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), dated April 18, 2013, deemed from a judgment of the same court entered May 30, 2014 (see CPLR 5512 [a]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,150.

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, the Civil Court, following a nonjury trial, awarded plaintiff judgment in the principal sum of $1,150.

For the reasons stated in Brand Med. Supply, Inc., as Assignee of Steven Thomas v Infinity Ins. Co. (— Misc 3d —, 2016 NY Slip Op — [appeal No. 2014-2032 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.

Weston, J.P., Aliotta and Elliot, JJ., concur. Decision Date: May 05, 2016