LOTUS ACUPUNCTURE v. COUNTRY WIDE INS CO (2019)

Supreme Court, Appellate Term, New York.

LOTUS ACUPUNCTURE, P.C., as Assignee of Jose Corsino, Respondent, v. COUNTRY-WIDE INS. CO., Appellant.

2016-1772 K C

Decided: January 18, 2019

PRESENT: MICHAEL L. PESCE, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ

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

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.

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