Lotus Acupuncture, P.C. v. Country-Wide Ins. Co.

Appellate Terms of the Supreme Court of New York

Lotus Acupuncture, P.C. v. Country-Wide Ins. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 18, 2019

Docket2019 NYSlipOp 50099(U)

StatusPublished

This text of Lotus Acupuncture, P.C. v. Country-Wide Ins. Co. (Lotus Acupuncture, P.C. v. Country-Wide Ins. Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lotus Acupuncture, P.C. v. Country-Wide Ins. Co., (N.Y. Ct. App. 2019).

Pincite

Opinion

Lotus Acupuncture, P.C., as Assignee of Jose Corsino, Respondent,

against

Country-Wide Ins. Co., Appellant.

Jaffe & Velazquez, LLP (Jean H. Kang of counsel), for appellant. Gary Tsirelman, P.C. (Stefan Belinfanti of counsel), for respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered June 1, 2016. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $7,755.

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

This action by a provider to recover assigned first-party no-fault benefits was consolidated for purposes of a nonjury trial with five other actions. After taking testimony as to the first of the six cases, Healthy Way Acupuncture, P.C., as Assignee of Nieves Jason v Country-Wide Ins. Co. ( Misc 3d , 2019 NY Slip Op [appeal No. 2016-1765 K C], decided herewith), the Civil Court found in favor of plaintiff in this action, and a judgment awarding plaintiff the principal sum of $7,755 was entered accordingly.

We agree with defendant that the judgment must be reversed, as no testimony was taken as to this action, and a new trial should be held.

Accordingly, the judgment is reversed and the matter is remitted to the Civil Court for a new trial.

PESCE, P.J., ELLIOT and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: January 18, 2019

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Lotus Acupuncture, P.C., as Assignee of Jose Corsino, Respondent,

against

Country-Wide Ins. Co., Appellant.

Jaffe & Velazquez, LLP (Jean H. Kang of counsel), for appellant. Gary Tsirelman, P.C. (Stefan Belinfanti of counsel), for respondent.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered June 1, 2016. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $7,755.

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

This action by a provider to recover assigned first-party no-fault benefits was consolidated for purposes of a nonjury trial with five other actions. After taking testimony as to the first of the six cases, Healthy Way Acupuncture, P.C., as Assignee of Nieves Jason v Country-Wide Ins. Co. ( Misc 3d , 2019 NY Slip Op [appeal No. 2016-1765 K C], decided herewith), the Civil Court found in favor of plaintiff in this action, and a judgment awarding plaintiff the principal sum of $7,755 was entered accordingly.

We agree with defendant that the judgment must be reversed, as no testimony was taken as to this action, and a new trial should be held.

Accordingly, the judgment is reversed and the matter is remitted to the Civil Court for a new trial.

PESCE, P.J., ELLIOT and SIEGAL, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: January 18, 2019

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Bluebook (online)

Lotus Acupuncture, P.C. v. Country-Wide Ins. Co., Counsel Stack Legal Research, https://law.counselstack.com/opinion/lotus-acupuncture-pc-v-country-wide-ins-co-nyappterm-2019.