LOTUS ACUPUNCTURE v. COUNTRY WIDE INS CO (2019)

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 $ 4,915.

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 $ 4,915 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.