PARK SLOPE MED. v. TRAVELERS

2011-844 KC.

37 Misc.3d 19 (2012)

952 N.Y.S.2d 372

2012 NY Slip Op 22200

PARK SLOPE MEDICAL AND SURGICAL SUPPLY, INC., as Assignee of John Laureano, Respondent, v. TRAVELERS INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided July 12, 2012.


Attorney(s) appearing for the Case

Law Offices of Karen C. Dodson, New York City ( Michael L. Rappaport of counsel), for appellant.

Law Office of Ilona Finkelshteyn, Brooklyn ( Emilia Rutigliano and Jonathan R. Vitarelli of counsel), for respondent.

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


OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, without costs, and the matter is remitted to the Civil Court for a new trial.

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court, by order entered April 28, 2008, limited the trial to the issue of the medical necessity of the supplies provided. At the nonjury trial, defendant proffered the testimony of Dr. Susan Corcoran, the physician...

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