NOVA CHIROPRACTIC SERVICES v. GEICO GENERAL INSURANCE COMPANY (2018)

Supreme Court, Appellate Term, New York.

NOVA CHIROPRACTIC SERVICES, P.C., as Assignee of Domingo Bustos, Respondent, v. GEICO GENERAL INSURANCE COMPANY, Appellant.

2016-1221 K C

Decided: November 23, 2018

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ

Law Office of Goldstein & Flecker (Lawrence J. Chanice, Woodbury, of counsel), for appellant. Law Offices of Emilia I. Rutigliano, P.C., for respondent (no brief filed).

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

At a nonjury trial of this action by a provider to recover assigned first-party no-fault benefits, the sole issue was the medical necessity of the services in question. The Civil Court precluded the testimony of defendant's expert witness and granted plaintiff's motion for a directed verdict. Defendant appeals from the judgment that was subsequently entered in favor of plaintiff in the principal sum of $2,184.94.

For the reasons stated in Nova Chiropractic Servs., P.C., as Assignee of Miguel A. Vizcaino v. GEICO Gen. Ins. Co. (––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2016-1054 K 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 ELLIOT, JJ., concur.

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