Legal Opinion

Brand Med. Supply, Inc. v. Infinity Ins. Co.

Appellate Terms of the Supreme Court of New York

Decided May 5, 2016No. 2016 NYSlipOp 50738(U)Published

1Opinion of the Court

Brand Medical Supply, Inc., as Assignee of STEVEN THOMAS, Respondent,

against

Infinity Ins. Co., Appellant.

Appeal from a decision of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), dated April 18, 2013, deemed from a judgment of the same court entered May 30, 2014 (see CPLR 5512 [a]). The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,772.59.

ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for a new trial.

Following a nonjury trial in this action by a provider to recover assigned…

2Cases cited7 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Viviane Etienne Medical Care v. Country-Wide Ins.New York Court of Appeals · 2015
  3. Kepner-Tregoe, Inc. v. Leadership Software, Inc.Court of Appeals for the Fifth Circuit · 1994
  4. Zeltser v. SacerdoteAppellate Division of the Supreme Court of the State of New York · 2008
  5. Hamilton v. BlackwoodAppellate Division of the Supreme Court of the State of New York · 2011

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