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South Bronx Medical, P.C. and Altercare Acupuncture, P.C. As Assignees of Fernando Hernandez v. Progressive Insurance Company

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


October 25, 2011

SOUTH BRONX MEDICAL, P.C. AND ALTERCARE ACUPUNCTURE, P.C. AS ASSIGNEES OF FERNANDO HERNANDEZ,
RESPONDENTS,
MAXIMUM PHYSICAL THERAPY, P.C. AS ASSIGNEE OF FERNANDO HERNANDEZ,
PLAINTIFF,
v.
PROGRESSIVE INSURANCE COMPANY,
APPELLANT.

Appeal from a trial ruling of the Civil Court of the City of New York, Kings County (Alice Fisher Rubin, J.), dated August 24, 2009.

South Bronx Med., P.C. v Progressive Ins. Co.

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 25, 2011

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

The trial ruling granted the oral motion by plaintiffs South Bronx Medical, P.C. and Altercare Acupuncture, P.C., for a directed verdict in their favor.

ORDERED that the appeal is dismissed.

Plaintiffs commenced this action to recover assigned first-party no-fault benefits. Insofar as is relevant to this appeal, the action concerned a $3,119.44 claim of South Bronx Medical, P.C., which defendant had denied on the ground that there was a lack of medical necessity for the services rendered based upon the finding of a peer review report, and claims, totaling $6,500.12, of Altercare Acupuncture, P.C., which defendant had denied on the ground that improper fees had been charged. A non-jury trial was held and, before defendant had rested, the Civil Court granted an oral motion by plaintiffs South Bronx Medical, P.C. and Altercare Acupuncture, P.C. for a directed verdict in their favor. This appeal by defendant ensued.

An oral ruling at trial, even if memorialized into a writing, is not appealable, either as of right or by permission, unless it is incorporated into an order or judgment (see generally CCA 1702; CPLR 5512; Radford v Sheridan Prods., 181 AD2d 667 [1992]).

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

Decision Date: October 25, 2011

20111025

© 1992-2011 VersusLaw Inc.



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