Brand Med. Supply, Inc. v Infinity Ins. Co.
Annotate this CaseDecided on May 5, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2014-2068 K C
Brand Medical Supply, Inc., as Assignee of VLADIMIR JEAN, Respondent,
against
Infinity Ins. Co., Appellant.
Appeal from a decision of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), dated April 18, 2013, deemed from a judgment of the same court entered May 30, 2014 (see CPLR 5512 [a]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,150.
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, the Civil Court, following a nonjury trial, awarded plaintiff judgment in the principal sum of $1,150.
For the reasons stated in Brand Med. Supply, Inc., as Assignee of Steven Thomas v Infinity Ins. Co. (— Misc 3d &mdash, 2016 NY Slip Op — [appeal No. 2014-2032 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.
Weston, J.P., Aliotta and Elliot, JJ., concur.
Decision Date: May 05, 2016
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