July 23, 2021

Pavlova v Global Liberty Ins. (2021 NY Slip Op 50725(U))

Headnote

The main issue in this case was the application of the workers' compensation fee schedule in a lawsuit by a provider to recover assigned first-party no-fault benefits. The court consolidated this action for trial with two other actions involving the same provider and insurer. After a nonjury trial, the Civil Court found in favor of the plaintiff and awarded them the principal sum of $2,807.40. The Appellate Term, Second Department affirmed the judgment, stating that for the reasons stated in another related case, the judgment in this case is affirmed. The court also deemed the notice of appeal from a previous decision as a premature notice of appeal from the final judgment.

Reported in New York Official Reports at Pavlova v Global Liberty Ins. (2021 NY Slip Op 50725(U))

Pavlova v Global Liberty Ins. (2021 NY Slip Op 50725(U)) [*1]

Pavlova v Global Liberty Ins.

2021 NY Slip Op 50725(U) [72 Misc 3d 136(A)]

Decided on July 23, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 23, 2021

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

PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, DONNA-MARIE E. GOLIA, JJ
2019-1661 K C

Ksenia Pavlova, D.O., as Assignee of Johanna Rosario, Respondent,
against
Global Liberty Insurance, Appellant.

Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum and Shaaker Bhuiyan of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Cenceria P. Edwards, J.), entered March 27, 2019. The judgment, entered upon a decision of that court dated February 21, 2019, after a nonjury trial, awarded plaintiff the principal sum of $2,807.40.

ORDERED that, on the court’s own motion, the notice of appeal from the decision dated February 21, 2019 is deemed a premature notice of appeal from the judgment entered March 27, 2019 (see CPLR 5520 [c]); and it is further,

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, after a nonjury trial, awarding plaintiff the principal sum of $2,807.40. At the outset of the trial, the parties stipulated that the sole issue for trial would be the application of the workers’ compensation fee schedule, and that the instant action would be consolidated for trial with two other actions involving the same provider and insurer. Following the trial, the Civil Court found in favor of plaintiff.

For the reasons stated in Ksenia Pavlova, D.O., as Assignee of David Wright v Global Liberty Ins. (— Misc 3d &mdash, 2021 NY Slip Op — [appeal No. 2019-1634 K C], decided herewith), the judgment is affirmed.

ALIOTTA, P.J., and GOLIA, J., concur.

ELLIOT, J., taking part.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 23, 2021