AR MEDICAL REHABILITATION v. MVAIC (2019)

Supreme Court, Appellate Term, New York.

AR MEDICAL REHABILITATION, P.C., as Assignee of Mitchell Lewen, Respondent, v. MVAIC, Appellant.

2017-104 K C

Decided: October 18, 2019

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ

Marshall & Marshall, PLLC (Barbara Carabell of counsel), for appellant. Gary Tsirelman, P.C. (Stefan Belinfanti of counsel), for respondent.

ORDERED that so much of the appeal as is from the decision is dismissed, as no appeal lies therefrom (see CCA 1702); and it is further,

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 in this action by a provider to recover assigned first-party no-fault benefits, the sole issue was whether plaintiff's assignor was injured during the underlying motor vehicle accident. Following the trial, the Civil Court awarded judgment to plaintiff. Upon a review of the record, we find that the court erroneously excluded the police report regarding the accident at issue from evidence. As the report was material to the sole issue before the court, we find that a new trial is required.

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

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

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