Brand Med. Supply, Inc. v. Infinity Ins. Co.

Opinion

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<br><br><div align="center"><b><font size="+1">Brand Medical Supply, Inc., as Assignee of VLADIMIR JEAN, Respondent,  

<br><br>against<br><br>Infinity Ins. Co., Appellant.</font></b></div><br><br>

<p>Appeal from a decision of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), dated April 18, 2013, deemed from a judgment of the same court entered May 30, 2014 (see CPLR 5512 [a]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,150.</p>

<p>ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for a new trial.</p>

<p>In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court, following a nonjury trial, awarded plaintiff judgment in the principal sum of $1,150. </p>

<p>For the reasons stated in <i>Brand Med. Supply, Inc., as Assignee of Steven Thomas v Infinity Ins. Co.</i> ( [appeal No. 2014-2032 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.</p>

<p>Weston, J.P., Aliotta and Elliot, JJ., concur.</p>

<br>Decision Date: May 05, 2016

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