May 5, 2016

Brand Med. Supply, Inc. v Infinity Ins. Co. (2016 NY Slip Op 50739(U))

Headnote

The relevant facts considered by the court were that Brand Medical Supply, Inc. was seeking to recover first-party no-fault benefits as the assignee of Vladimir Jean. The Civil Court awarded Brand Medical Supply a judgment of $1,150 following a nonjury trial. However, the Appellate Term, Second Department reversed this decision and remitted the matter to the Civil Court for a new trial. The main issue decided was whether Brand Medical Supply, Inc. was entitled to recover the assigned first-party no-fault benefits, and the holding of the court was that the judgment of the Civil Court was reversed and a new trial was ordered.

Reported in New York Official Reports at Brand Med. Supply, Inc. v Infinity Ins. Co. (2016 NY Slip Op 50739(U))

Brand Med. Supply, Inc. v Infinity Ins. Co. (2016 NY Slip Op 50739(U)) [*1]

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

2016 NY Slip Op 50739(U) [51 Misc 3d 145(A)]

Decided on May 5, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 5, 2016

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

PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2014-2068 K C

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

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 &mdash, 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