April 7, 2017

Middle Vil. Chiropractic v Geico Gen. Ins. Co. (2017 NY Slip Op 50433(U))

Headnote

The court considered a judgment from the Civil Court of the City of New York, Queens County, which awarded the plaintiff, Middle Village Chiropractic, the sum of $2,549.58 after a nonjury trial in a case to recover assigned first-party no-fault benefits from GEICO General Insurance Co. The main issue in this case was whether the Civil Court had improvidently exercised its discretion in denying the defendant's application to adjourn the trial to secure the attendance of expert witnesses. The holding of the court was that, for the reasons stated in a related case, Middle Village Chiropractic, as Assignee of Artur Mujaxhi v Geico Gen. Ins. Co., the judgment was affirmed. Therefore, the decision of the lower court awarding the plaintiff the sum of $2,549.58 was upheld.

Reported in New York Official Reports at Middle Vil. Chiropractic v Geico Gen. Ins. Co. (2017 NY Slip Op 50433(U))

Middle Vil. Chiropractic v Geico Gen. Ins. Co. (2017 NY Slip Op 50433(U)) [*1]

Middle Vil. Chiropractic v GEICO Gen. Ins. Co.

2017 NY Slip Op 50433(U) [55 Misc 3d 132(A)]

Decided on April 7, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 7, 2017

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

PRESENT: : MICHELLE WESTON, J.P., MICHAEL L. PESCE, THOMAS P. ALIOTTA, JJ.
2015-2900 Q C

Middle Village Chiropractic, as Assignee of Anabel Serrano, Respondent,
against
GEICO General Insurance Co., Appellant.

The Law Office of Printz & Goldstein, Lawrence Chanice, Esq., for appellant.

The Odierno Law Firm, P.C., for respondent (no brief filed).

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered July 27, 2015. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $2,549.58.

ORDERED that the judgment is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from a judgment of the Civil Court which, after a nonjury trial, awarded plaintiff the principal sum of $2,549.58.

Defendant’s sole contention on appeal is that the Civil Court improvidently exercised its discretion in denying defendant’s application to adjourn the trial to enable it to secure the attendance of expert witnesses. For the reasons stated in Middle Village Chiropractic, as Assignee of Artur Mujaxhi v Geico Gen. Ins. Co. (__ Misc 3d __, 2017 NY Slip Op ___ [appeal No. 2015-2880 Q C]), decided herewith), the judgment is affirmed.

Weston, J.P., Pesce and Aliotta, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: April 07, 2017