Charles Deng Acupuncture, P.C. v. Farmington Cas. Co.

Appellate Terms of the Supreme Court of New York

Charles Deng Acupuncture, P.C. v. Farmington Cas. Co.

CourtAppellate Terms of the Supreme Court of New York

DecidedSeptember 15, 2016

Docket2016 NYSlipOp 51326(U)

StatusPublished

This text of Charles Deng Acupuncture, P.C. v. Farmington Cas. Co. (Charles Deng Acupuncture, P.C. v. Farmington Cas. Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Charles Deng Acupuncture, P.C. v. Farmington Cas. Co., (N.Y. Ct. App. 2016).

Pincite

Opinion

Charles Deng Acupuncture, P.C., as Assignee of Nina Amin, Appellant,

against

Farmington Casualty Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered February 4, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint.

Contrary to plaintiff's arguments on appeal, the proof submitted by defendant established that the denial of claim forms had been timely mailed (see St. Vincent's

Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]), and that defendant had fully paid plaintiff for the services at issue in accordance with the workers' compensation fee schedule.

Accordingly, the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: September 15, 2016

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