December 22, 2017

Alur Med. Supply, Inc. v GEICO Ins. Co. (2017 NY Slip Op 51896(U))

https://www.beynensonlaw.com/case-law/alur-med-supply-inc-v-geico-ins-co-2017-ny-slip-op-51896u/

Court: Appellate Term, Second Department
Decided: December 22, 2017
Citation: 2017 NY Slip Op 51896(U) · 58 Misc 3d 143(A)
Posture: Trial
Issues: Other

Cite as

Alur Med. Supply, Inc. v GEICO Ins. Co., 58 Misc 3d 143(A), 2017 NY Slip Op 51896(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The provider's judgment for medical-supply no-fault benefits after a nonjury trial was reversed, and a new trial was ordered. The Appellate Term, Second Department, remitted the action to Civil Court, Queens County, for the reasons stated in the companion appeal, Staten Is. Advanced Surgical Supply v GEICO Ins. Co., decided the same day, No. 2015-1734 Q C.

Reported in New York Official Reports at Alur Med. Supply, Inc. v GEICO Ins. Co. (2017 NY Slip Op 51896(U))

[*1]

Alur Med. Supply, Inc. v GEICO Ins. Co.

2017 NY Slip Op 51896(U) [58 Misc 3d 143(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This opinion is uncorrected and will not be published in the printed Official Reports.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
2015-1737 Q C

Alur Medical Supply, Inc., as Assignee of Joseph Garraway, Respondent,
against
GEICO Ins. Co., Appellant.

The Law Office of Printz & Goldstein (Lawrence J. Chanice, Esq.), for appellant. Law Office 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 (Larry Love, J.), entered December 9, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,937.

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 $1,937.

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

Similar decisions

Staten Is. Advanced Surgical Supply v GEICO Ins. Co. (2017 NY Slip Op 51898(U))The provider's judgment for medical-supply no-fault benefits after a nonjury trial was reversed, and a new trial was ordered.
Alev Med. Supply, Inc. v Geico Gen. Ins. Co. (2013 NY Slip Op 52322(U))A provider that proves its claim at trial need not also show that the insurer has no meritorious defense.
Daily Med. Equip. Distrib. Ctr., Inc. v GEICO Gen. Ins. Co. (2018 NY Slip Op 51692(U))The provider's judgment after exclusion of the insurer's expert at a medical-necessity trial was reversed and a new trial ordered.
Main St. Medcare, P.C. v GEICO Gen. Ins. Co. (2019 NY Slip Op 50686(U))The provider's directed verdict on medical necessity was reversed after the insurer's substitute expert was excluded as hearsay.
Alfa Med. Supplies v GEICO Gen. Ins. Co. (2013 NY Slip Op 50064(U))The provider's doctor's affidavit raised a factual issue on medical necessity, defeating the insurer's summary judgment cross motion.