Suris v. Government Employees Insurance

Appellate Terms of the Supreme Court of New York

Suris v. Government Employees Insurance

53 Misc. 2d 454, 278 N.Y.S.2d 708, 1967 N.Y. Misc. LEXIS 1771

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 15, 1967

StatusPublished

This text of 53 Misc. 2d 454 (Suris v. Government Employees Insurance) 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

Suris v. Government Employees Insurance, 53 Misc. 2d 454, 278 N.Y.S.2d 708, 1967 N.Y. Misc. LEXIS 1771 (N.Y. Ct. App. 1967).

Pincite

Opinion

Per Curiam.

The medical payments provision of the insurance policy herein involved did not specifically provide for payment of chiropractic services. There was no competent medical proof that such services were a necessary medical expense. The chiropractor was not qualified to testify that in his opinion the treatment rendered by him was a necessary medical expense arising from the accident. (Cf. Education Law, § 6558, subd. 2; § 6550, subd. 4; 6501, subd. 4; Matter of Riddett v. Allen, 23 A D 2d 458, 460.)

The judgment should be unanimously reversed, without costs, and a new trial ordered.

Concur — Gulotta, McDonald and Brenner, JJ.

Judgment reversed, etc.

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Per Curiam.

The medical payments provision of the insurance policy herein involved did not specifically provide for payment of chiropractic services. There was no competent medical proof that such services were a necessary medical expense. The chiropractor was not qualified to testify that in his opinion the treatment rendered by him was a necessary medical expense arising from the accident. (Cf. Education Law, § 6558, subd. 2; § 6550, subd. 4; 6501, subd. 4; Matter of Riddett v. Allen, 23 A D 2d 458, 460.)

The judgment should be unanimously reversed, without costs, and a new trial ordered.

Concur — Gulotta, McDonald and Brenner, JJ.

Judgment reversed, etc.

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Bluebook (online)

53 Misc. 2d 454, 278 N.Y.S.2d 708, 1967 N.Y. Misc. LEXIS 1771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suris-v-government-employees-insurance-nyappterm-1967.