April 7, 2017

NY Spine Physical Therapy, P.C. v Geico Gen. Ins. Co. (2017 NY Slip Op 50434(U))

Headnote

The relevant facts considered by the court in this case were that NY Spine Physical Therapy, P.C. was seeking to recover assigned first-party no-fault benefits from GEICO General Insurance Co. after a nonjury trial that resulted in a judgment awarding the plaintiff the principal sum of $289.29. The main issue decided by the court was whether the Civil Court improvidently exercised its discretion in denying the defendant's application to adjourn the trial to secure the attendance of expert witnesses. The holding of the court was that the judgment was affirmed, with the court finding that the defendant's sole contention on appeal was without merit and aligning with the decision in another similar case. Therefore, the judgment awarding the plaintiff the no-fault benefits was upheld.

Reported in New York Official Reports at NY Spine Physical Therapy, P.C. v Geico Gen. Ins. Co. (2017 NY Slip Op 50434(U))

NY Spine Physical Therapy, P.C. v Geico Gen. Ins. Co. (2017 NY Slip Op 50434(U)) [*1]

NY Spine Physical Therapy, P.C. v GEICO Gen. Ins. Co.

2017 NY Slip Op 50434(U) [55 Misc 3d 133(A)]

Decided on April 7, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 7, 2017

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHELLE WESTON, J.P., MICHAEL L. PESCE, THOMAS P. ALIOTTA, JJ.
2015-2903 Q C

NY Spine Physical Therapy, P.C., as Assignee of Joseph Vitale, Respondent,
against
GEICO General Insurance Co., Appellant.

The Law Office of Printz & Goldstein, Lawrence Chanice, Esq., for appellant.

The Odierno Law Firm, P.C., for respondent (no brief filed).

Appeal from a judgment of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered July 27, 2015. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $289.29.

ORDERED that the judgment is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from a judgment of the Civil Court which, after a nonjury trial, awarded plaintiff the principal sum of $289.29.

Defendant’s sole contention on appeal is that the Civil Court improvidently exercised its discretion in denying defendant’s application to adjourn the trial to enable it to secure the attendance of expert witnesses. For the reasons stated in Middle Village Chiropractic, as Assignee of Artur Mujaxhi v Geico Gen. Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2015-2880 Q C]), decided herewith), the judgment is affirmed.

Weston, J.P., Pesce and Aliotta, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: April 07, 2017