Island Life Chiropractic, P.C. v MVAIC

[*1] Island Life Chiropractic, P.C. v MVAIC 2020 NY Slip Op 50995(U) Decided on August 28, 2020 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 28, 2020
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ
2018-1716 K C

Island Life Chiropractic, P.C., as Assignee of Jean-Baptiste, Gerard, Respondent,

against

MVAIC, Appellant.

Marshall & Marshall, PLLC (Barbara Carabell of counsel), for appellant. The Rybak Firm, PLLC (Damien J. Toell of counsel), for respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Michael Gerstein, J.), entered May 3, 2018. The judgment, entered pursuant to a decision of that court dated March 8, 2018, after a nonjury trial, awarded plaintiff the principal sum of $2,336.

ORDERED that, on the court's own motion, the notice of appeal from the decision dated March 8, 2018 is deemed a premature notice of appeal from the judgment entered May 3, 2018 (see CPLR 5520 [c]); and it is further,

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from a judgment, after a nonjury trial, awarding plaintiff the principal sum of $2,336.

For the reasons stated in Maiga Prods. Corp., as Assignee of Jean-Baptiste, Gerard v MVAIC (___ Misc 3d ___, 2020 NY Slip Op ______ [appeal No. 2018-1641 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 28, 2020