December 22, 2017

Alur Med. Supply, Inc. v GEICO Ins. Co. (2017 NY Slip Op 51897(U))

Headnote

The court considered a judgment from the Civil Court of the City of New York, Queens County, in which the plaintiff, Alur Medical Supply, Inc., as Assignee of Daniels, Donald, was awarded $740.25 in a nonjury trial against GEICO Ins. Co. The main issue was whether Alur Medical Supply, Inc. was entitled to recover assigned first-party no-fault benefits for medical supplies it had provided to its assignor. The court reversed the judgment and remitted the matter to the Civil Court for a new trial, citing similar reasoning from a related case. The holding of the court was that a new trial was warranted in this case, and the judgment was reversed.

Reported in New York Official Reports at Alur Med. Supply, Inc. v GEICO Ins. Co. (2017 NY Slip Op 51897(U))

Alur Med. Supply, Inc. v GEICO Ins. Co. (2017 NY Slip Op 51897(U)) [*1]

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

2017 NY Slip Op 51897(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2015-1738 Q C

Alur Medical Supply, Inc., as Assignee of Daniels, Donald, Respondent,
against
GEICO Ins. Co., Appellant.

The Law Office of Printz & Goldstein (Lawrence J. Chanice, Esq.), for appellant. Law Offices 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 $740.25.

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 $740.25.

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