December 22, 2017

Staten Is. Advanced Surgical Supply v GEICO Ins. Co. (2017 NY Slip Op 51899(U))

Headnote

The relevant facts considered by the court were that the plaintiff, Staten Island Advanced Surgical Supply, was seeking to recover assigned first-party no-fault benefits for medical supplies provided to its assignor. The main issue decided was whether the judgment of the Civil Court, which awarded the plaintiff the principal sum of $1,277.26, should be reversed. The holding of the court was that the judgment was indeed reversed, with the matter remitted to the Civil Court for a new trial. This decision was made for the same reasons stated in a related case, Staten Is. Advanced Surgical Supply, as Assignee of Gu Zhang v GEICO Ins. Co, which was decided at the same time. The Justices Pesce, Aliotta and Solomon all concurred with this decision.

Reported in New York Official Reports at Staten Is. Advanced Surgical Supply v GEICO Ins. Co. (2017 NY Slip Op 51899(U))

Staten Is. Advanced Surgical Supply v GEICO Ins. Co. (2017 NY Slip Op 51899(U)) [*1]

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

2017 NY Slip Op 51899(U) [58 Misc 3d 144(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2015-1843 Q

Staten Island Advanced Surgical Supply, as Assignee of Chia Chia Wang, 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 $1,277.26.

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 $1,277.26.

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