ISLAND LIFE CHIROPRACTIC v. MVAIC (2020)

Supreme Court, Appellate Term, New York.

ISLAND LIFE CHIROPRACTIC, P.C., as Assignee of Jean-Baptiste, Gerard, Respondent, v. MVAIC, Appellant.

2018-1716 K C

Decided: August 28, 2020

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, WAVNY TOUSSAINT, JJ.

Marshall & Marshall, PLLC (Barbara Carabell of counsel), for appellant. The Rybak Firm, PLLC (Damien J. Toell of counsel), for respondent.

ORDERED that, on the court's own motion, the notice of appeal from the decision dated March 8, 2018 is deemed a premature notice of appeal from the judgment entered May 3, 2018 (see CPLR 5520 [c]); and it is further,

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from a judgment, after a nonjury trial, awarding plaintiff the principal sum of $2,336.

For the reasons stated in Maiga Prods. Corp., as Assignee of Jean-Baptiste, Gerard v. MVAIC (––– Misc. 3d ––––, 2020 N.Y. Slip Op. –––– [appeal No. 2018-1641 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for the entry of a judgment in favor of defendant dismissing the complaint.

ALIOTTA, P.J., ELLIOT and TOUSSAINT, JJ., concur.

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