December 22, 2017

Staten Is. Advanced Surgical Supply v GEICO Ins. Co. (2017 NY Slip Op 51898(U))

Headnote

The court considered the appeal of a judgment from the Civil Court of New York, Queens County, in a case where Staten Island Advanced Surgical Supply sought to recover first-party no-fault benefits for medical supplies provided to its assignor. The judgment awarded the plaintiff $1,670.30 after a nonjury trial. The main issue decided was whether the plaintiff was entitled to recover no-fault benefits for the medical supplies provided. The court reversed the judgment and remitted the matter to the Civil Court for a new trial. The decision to reverse the judgment was based on the reasons stated in a similar case, Staten Is. Advanced Surgical Supply, as Assignee of Gu Zhang v GEICO Ins. Co., decided in the same time period. The decision was made by Justices Pesce, Aliotta, and Solomon. The holding of the case was that the judgment of the Civil Court was reversed and remitted for a new trial.

Reported in New York Official Reports at Staten Is. Advanced Surgical Supply v GEICO Ins. Co. (2017 NY Slip Op 51898(U))

Staten Is. Advanced Surgical Supply v GEICO Ins. Co. (2017 NY Slip Op 51898(U)) [*1]

Staten Is. Advanced Surgical Supply v GEICO Ins. Co.

2017 NY Slip Op 51898(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2015-1741 Q

Staten Island Advanced Surgical Supply, as Assignee of Lei Dai, 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 (Cheree A. Buggs, J.), entered February 6, 2015. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,670.30.

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 $1,670.30.

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