July 21, 2017

Village Med. Supply, Inc. v MVAIC (2017 NY Slip Op 50936(U))

Headnote

The provider's judgment against MVAIC was reversed on the issue of whether the assignor was a qualified person entitled to no-fault benefits. The Appellate Term, Second Department, relied on the reasons stated in Village Med. Supply, Inc. v MVAIC and remitted for judgment dismissing the complaint. It also dismissed the appeal from the trial decision because no appeal lay under CCA 1702.

Reported in New York Official Reports at Village Med. Supply, Inc. v MVAIC (2017 NY Slip Op 50936(U))

[*1]
Village Med. Supply, Inc. v MVAIC
2017 NY Slip Op 50936(U) [56 Misc 3d 132(A)]
Decided on July 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 21, 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
2014-808 K C

Village Medical Supply, Inc., as Assignee of Laza Luz, Respondent,

against

MVAIC, Appellant.


Marshall & Marshall, PLLC (Naim M. Press, Esq.), for appellant. Zara Javakov, P.C. (Zara Javakov, Esq.), for respondent.

Appeal from a decision of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), dated April 5, 2013, and from a judgment of the same court entered November 4, 2013. The judgment, entered pursuant to the decision, after a nonjury trial, awarded plaintiff the principal sum of $959.39.

ORDERED that so much of the appeal as is from the decision is dismissed, as no appeal lies therefrom (see CCA 1702); 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.

At a nonjury trial in this action to recover assigned first-party no-fault benefits, the parties agreed that the sole issue for trial was whether plaintiff’s assignor was a “qualified person,” and, thus, whether she was eligible to recover no-fault benefits from defendant Motor Vehicle Accident Indemnification Corporation (sued herein as MVAIC). Following the trial, the Civil Court awarded plaintiff judgment in the principal sum of $959.39.

For the reasons stated in Village Med. Supply, Inc. v MVAIC (53 Misc 3d 134[A], 2016 NY Slip Op 51429[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]), 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.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.


ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 21, 2017

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