| Brookhaven Orthopedic Assoc., P.C. v Barshov |
| 2022 NY Slip Op 50440(U) [75 Misc 3d 131(A)] |
| Decided on May 23, 2022 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Greg Barshov, appellant pro se. Richard David Sokoloff, for respondent (no brief filed).
Appeal from a judgment of the District Court of Suffolk County, First District (Cheryl M. Helfer, J.), entered December 24, 2020. The judgment, entered pursuant to an order of that court dated January 31, 2018 granting plaintiff's motion for summary judgment on the issue of liability and a decision of that court entered September 8, 2020 after a nonjury trial on the issue of damages, awarded plaintiff the principal sum of $1,475.
ORDERED that, on the court's own motion, the notice of appeal from the decision entered September 8, 2020 is deemed a premature notice of appeal from the judgment entered December 24, 2020 (see CPLR 5520 [c]); and it is further,
ORDERED that the judgment is affirmed, without costs.
Plaintiff commenced this action to recover the sum of $1,475, representing unpaid medical bills for professional services rendered. Liability in favor of plaintiff was determined by an order granting plaintiff's motion for summary judgment on January 31, 2018. At a nonjury trial limited to the issue of damages, plaintiff submitted medical and billing records and provided its billing manager as a witness who testified about the services rendered to defendant and the unpaid balance for those services in the sum of $1,475. Defendant chose not to cross-examine the witness or present any evidence in defense, instead only arguing that Medicaid was responsible for payment. The court responded that the issue of liability had already been decided by the January 31, 2018 order. In a decision entered September 8, 2020, the District Court awarded plaintiff the principal sum of $1,475. The notice of appeal from the September 8, 2020 decision is deemed a premature notice of appeal from the judgment entered on December 24, 2020 (see CPLR 5520 [c]).
Defendant's sole argument on appeal is that the court prevented him from offering a defense at the trial on damages. Upon a review of the record, we find no basis for defendant's [*2]contention.
Accordingly, the judgment is affirmed.
DRISCOLL, J.P., EMERSON and VOUTSINAS, JJ., concur.