April 13, 2018

County Line Pharmacy v Geico Ins. Co. (2018 NY Slip Op 50573(U))

Headnote

The relevant facts of the case were that County Line Pharmacy was seeking to recover first-party no-fault benefits from GEICO Insurance Company for prescription drugs provided to Earline Vaughns on December 1, 2010 and December 30, 2010. GEICO Insurance Company filed a cross motion seeking summary judgment to dismiss that part of the complaint, arguing that there was a lack of medical necessity for the prescription drugs at issue. The main issue decided was whether there was a medical necessity for the prescription drugs provided to Vaughns on the specified dates. The holding of the case was that the court reversed the order and granted the branches of defendant's cross motion seeking summary judgment dismissing the part of the complaint that sought to recover for prescription drugs provided to Vaughns on December 1, 2010 and December 30, 2010, as plaintiff failed to rebut defendant's prima facie showing of lack of medical necessity.

Reported in New York Official Reports at County Line Pharmacy v Geico Ins. Co. (2018 NY Slip Op 50573(U))

County Line Pharmacy v Geico Ins. Co. (2018 NY Slip Op 50573(U)) [*1]
County Line Pharmacy v Geico Ins. Co.
2018 NY Slip Op 50573(U) [59 Misc 3d 138(A)]
Decided on April 13, 2018
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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 13, 2018

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


PRESENT: : MICHAEL L. PESCE, P.J., MICHELLE WESTON, THOMAS P. ALIOTTA, JJ
2015-53 Q C NO.
County Line Pharmacy, as Assignee of Earline Vaughns, Respondent,

against

 GEICO Insurance Company, Appellant.

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