November 23, 2018

Nova Chiropractic Servs., P.C. v GEICO Gen. Ins. Co. (2018 NY Slip Op 51694(U))

Headnote

The main issue in this case was the medical necessity of the services provided by Nova Chiropractic Services, P.C. as the assignee of Glorian Daly, in a claim against GEICO General Insurance Company for first-party no-fault benefits. At a nonjury trial, the Civil Court precluded the testimony of GEICO's expert witness and granted Nova Chiropractic's motion for a directed verdict, awarding them $1,310.90. The Appellate Term, Second Department reversed the judgment and remitted the matter to the Civil Court for a new trial. The decision was based on the reasoning in another case, Nova Chiropractic Servs., P.C., as Assignee of Miguel A. Vizcaino v GEICO Gen. Ins. Co., decided in conjunction with this case. The holding of the court was to reverse the judgment and order a new trial based on the issues raised regarding the preclusion of the defendant's expert testimony.

Reported in New York Official Reports at Nova Chiropractic Servs., P.C. v GEICO Gen. Ins. Co. (2018 NY Slip Op 51694(U))

Nova Chiropractic Servs., P.C. v GEICO Gen. Ins. Co. (2018 NY Slip Op 51694(U)) [*1]

Nova Chiropractic Servs., P.C. v GEICO Gen. Ins. Co.

2018 NY Slip Op 51694(U) [61 Misc 3d 146(A)]

Decided on November 23, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 23, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-1083 K C

Nova Chiropractic Services, P.C., as Assignee of Glorian Daly, Respondent,
against
GEICO General Insurance Company, Appellant.

Law Office of Goldstein & Flecker (Lawrence J. Chanice of counsel), for appellant. Law Offices of Ilona Finkelshteyn, P.C., for respondent (no brief filed).

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered February 10, 2016. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,310.90.

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 $1,310.90.

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.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 23, 2018