Precious Acupuncture Care, P.C. v. GEICO Gen. Ins. Co.

• Court: Appellate Terms of the Supreme Court of New York
• Decided: June 1, 2018
• Docket: 2018 NYSlipOp 50827(U)
• Status: Published

Opinion

Precious Acupuncture Care, P.C., as Assignee of Ana Tejada, Respondent,

against

GEICO General Insurance Company, Appellant.

Law Office of Goldstein & Flecker (Lawrence J. Chanice of counsel), for appellant. Law Offices of Emilia I. Rutigliano, P.C., for respondent (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered July 16, 2015. The order, insofar as appealed from, denied the branch of defendant's cross motion seeking summary judgment dismissing the fourth cause of action.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied the branch of defendant's cross motion which had sought summary judgment dismissing the fourth cause of action based upon a lack of medical necessity.

Upon a review of the record, we agree with the Civil Court's determination that there is a triable issue of fact regarding the medical necessity of the services at issue (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

Accordingly, the order, insofar as appealed from, is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: June 01, 2018