May 21, 2021

New Way Med. Supply Corp. v Lancer Ins. Co. (2021 NY Slip Op 50486(U))

Headnote

The main issue in this case was whether the provider, New Way Medical Supply Corp., was entitled to recover assigned first-party no-fault benefits from Lancer Insurance Co. After a nonjury trial, the Civil Court of the City of New York, Kings County, entered a judgment in favor of New Way Medical Supply Corp., awarding them the principal sum of $3,048.40. However, on appeal, the Appellate Term, Second Department, reversed the judgment and remitted the matter to the Civil Court for the entry of a judgment in favor of Lancer Insurance Co., dismissing the complaint. The court's decision was based on the same reasoning as another related case, JCC Med. P.C., as Assignee of Damis, Magalie v Lancer Ins. Co. The holding of the case was that the judgment in favor of New Way Medical Supply Corp. was reversed, and the matter was remitted to the Civil Court for the entry of a judgment in favor of Lancer Insurance Co., dismissing the complaint.

Reported in New York Official Reports at New Way Med. Supply Corp. v Lancer Ins. Co. (2021 NY Slip Op 50486(U))

New Way Med. Supply Corp. v Lancer Ins. Co. (2021 NY Slip Op 50486(U)) [*1]

New Way Med. Supply Corp. v Lancer Ins. Co.

2021 NY Slip Op 50486(U) [71 Misc 3d 140(A)]

Decided on May 21, 2021

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 21, 2021

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

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2018-2506 K C

New Way Medical Supply Corp., as Assignee of Mondestin, Liliane, Respondent,
against
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.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Louis L. Nock, J.), entered March 12, 2018. The judgment, entered pursuant to a decision of that court dated November 16, 2017, after a nonjury trial, awarded plaintiff the principal sum of $3,048.40.

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.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 21, 2021