Opinion
2018-1716 K C
08-28-2020
ISLAND LIFE CHIROPRACTIC, P.C., as Assignee of Jean-Baptiste, Gerard, Respondent, v. MVAIC, Appellant.
Marshall & Marshall, PLLC (Barbara Carabell of counsel), for appellant. The Rybak Firm, PLLC (Damien J. Toell of counsel), for respondent.
Marshall & Marshall, PLLC (Barbara Carabell of counsel), for appellant.
The Rybak Firm, PLLC (Damien J. Toell of counsel), for respondent.
PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ.
ORDERED that, on the court's own motion, the notice of appeal from the decision dated March 8, 2018 is deemed a premature notice of appeal from the judgment entered May 3, 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 $2,336.
For the reasons stated in Maiga Prods. Corp., as Assignee of Jean-Baptiste, Gerard v. MVAIC (––– Misc. 3d ––––, 2020 N.Y. Slip Op. –––– [appeal No. 2018-1641 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., ELLIOT and TOUSSAINT, JJ., concur.