July 22, 2008

Alpha Chiropractic, P.C. v State Farm Mut. Auto Ins. Co. (2008 NY Slip Op 51678(U))

Headnote

The court considered a case in which Alpha Chiropractic, P.C. sought to recover first-party no-fault benefits from State Farm Mutual Auto Insurance Company for medical services provided to various individuals. The main issue decided by the court was whether the attorney's fees awarded to the plaintiff should be based on each of the eight claims submitted for medical services or on the aggregate sum of the eight claims. The court held that the judgment of the Civil Court of the City of New York, Queens County, awarding plaintiff the principal sum of $1,200.53, plus interest and attorney's fees, was affirmed without costs. The court based its decision on a similar case, Fortune Med., P.C. v New York Cent. Mut. Fire Ins. Co., and concluded that the attorney's fees should be awarded upon each of the claims submitted for medical services provided to the assignor.

Reported in New York Official Reports at Alpha Chiropractic, P.C. v State Farm Mut. Auto Ins. Co. (2008 NY Slip Op 51678(U))

Alpha Chiropractic, P.C. v State Farm Mut. Auto Ins. Co. (2008 NY Slip Op 51678(U)) [*1]

Alpha Chiropractic, P.C. v State Farm Mut. Auto Ins. Co.

2008 NY Slip Op 51678(U) [20 Misc 3d 141(A)]

Decided on July 22, 2008

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This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 2008

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2007-1640 Q C.

Alpha Chiropractic, P.C. a/a/o Stephen Whyte, Victoria Orlando Maria Revnos, Leovanny Ramirez, Rafael Tavarez, Mirta Rodriguez And Arthur Jenkins, Respondent,
against
State Farm Mutual Auto Ins. Co., Appellant.

Appeal from a decision of the Civil Court of the City of New York, Queens County (Bernice Daun Siegal, J.), dated December 13, 2006, deemed from a judgment of said court entered September 4, 2007 (see CPLR 5520 [c]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,200.53, plus interest and attorney’s fees (see 14 Misc 3d 673 [2006]).

Judgment affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the court below awarded plaintiff attorney’s fees upon each of the eight claims submitted for medical services provided to plaintiff’s assignor rather than upon the aggregate sum of the eight claims. The instant appeal by defendant ensued.

For the reasons stated in Fortune Med., P.C. v New York Cent. Mut. Fire Ins. Co. ( Misc 3d , 2008 NY Slip Op 28218 [App Term, 2d & 11th Jud Dists 2008]), the judgment is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur. [*2]
Decision Date: July 22, 2008