December 22, 2017

Alur Med. Supply, Inc. v GEICO Ins. Co. (2017 NY Slip Op 51896(U))

Headnote

The court considered the appeal of a judgment in a case where a medical supply provider was seeking to recover first-party no-fault benefits for medical supplies provided to its assignor. The main issue was whether the provider was entitled to the principal sum of $1,937. The court held that the judgment was reversed, with $30 costs, and the matter was remitted to the Civil Court for a new trial. The court referenced a similar case and stated that for the reasons stated in that case, the judgment was reversed and a new trial was ordered. The decision was made on December 22, 2017.

Reported in New York Official Reports at Alur Med. Supply, Inc. v GEICO Ins. Co. (2017 NY Slip Op 51896(U))

Alur Med. Supply, Inc. v GEICO Ins. Co. (2017 NY Slip Op 51896(U)) [*1]

Alur Med. Supply, Inc. v GEICO Ins. Co.

2017 NY Slip Op 51896(U) [58 Misc 3d 143(A)]

Decided on December 22, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 22, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2015-1737 Q C

Alur Medical Supply, Inc., as Assignee of Joseph Garraway, Respondent,
against
GEICO Ins. Co., Appellant.

The Law Office of Printz & Goldstein (Lawrence J. Chanice, Esq.), for appellant. Law Office of Emilia I. Rutigliano, P.C. (Emilia I. Rutigliano, Esq.), for respondent.

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered December 9, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,937.

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 for medical supplies it had provided to its assignor, defendant appeals from a judgment of the Civil Court which, after a nonjury trial, awarded plaintiff the principal sum of $1,937.

For the reasons stated in Staten Is. Advanced Surgical Supply, as Assignee of Gu Zhang v GEICO Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2015-1734 Q 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 SOLOMON, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 22, 2017