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Five Boro Psychological Services, P.C. As Assignee of Nadine Zubenko v. Geico General Ins. Co

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


October 18, 2011

FIVE BORO PSYCHOLOGICAL SERVICES, P.C. AS ASSIGNEE OF NADINE ZUBENKO,
APPELLANT,
v.
GEICO GENERAL INS. CO.,
RESPONDENT.

Appeal from a decision of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), dated October 8, 2009, deemed from a judgment of the same court entered February 11, 2010 (see CPLR 5520 [c]).

Five Boro Psychological Servs., P.C. v GEICO Gen. Ins. Co.

Decided on October 18, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ

The judgment, after a non-jury trial, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

After the trial of this action by a provider to recover assigned first-party no-fault benefits, the Civil Court granted defendant's motion for a directed verdict and dismissed the complaint. The court found that plaintiff had not established that the claim at issue was overdue, as the testimony of plaintiff's witness was not based upon personal knowledge. We agree. Accordingly, the judgment is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.

Decision Date: October 18, 2011

20111018

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