September 8, 2017

Culex Acupuncture, P.C. v 21st Century Indem. Ins. Co. (2017 NY Slip Op 51145(U))

Headnote

The Court considered a case involving Culex Acupuncture, P.C. as the appellant and 21st Century Indemnity Ins. Co. as the respondent. The issue at hand was the recovery of assigned first-party no-fault benefits. Plaintiff appealed from an order of the Civil Court that granted the respondent’s motion seeking summary judgment to dismiss claims for specific dates of service. The plaintiff’s argument on appeal was that the respondent had paid the claims at issue at the rate for acupuncture services performed by a chiropractor, while paying other claims at the rate for acupuncture services performed by a medical doctor. The Court held that the plaintiff’s argument lacked merit and affirmed the order, finding in favor of the respondent.

Reported in New York Official Reports at Culex Acupuncture, P.C. v 21st Century Indem. Ins. Co. (2017 NY Slip Op 51145(U))

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

Culex Acupuncture, P.C., as Assignee of Alexandre Markov, Appellant,
against
21st Century Indemnity Ins. Co., Respondent.

Korsunskiy Legal Group, P.C. (Michael Hoenig, Esq.), for appellant. Law Offices of Bryan M. Rothenberg (K. Marcy Singh-Castillo, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered June 10, 2014. The order, insofar as appealed from, granted the branches of defendant’s motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims for dates of service February 17, 2012 through March 23, 2012, and April 18, 2012 through May 2, 2012, and denied the branches of plaintiff’s cross motion seeking summary judgment on so much of the complaint as sought to recover upon those claims.

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, plaintiff appeals from so much of an order of the Civil Court as granted the branches of defendant’s motion seeking summary judgment dismissing so much of the complaint as sought to recover upon claims for dates of service February 17, 2012 through March 23, 2012, and April 18, 2012 through May 2, 2012, and denied the branches of plaintiff’s cross motion seeking summary judgment on so much of the complaint as sought to recover upon those claims.

Plaintiff’s sole argument on appeal, that the aforesaid branches of defendant’s motion [*2]should have been denied because defendant, without explanation, had paid the claims at issue at the rate for acupuncture services performed by a chiropractor, but paid other claims at the rate for acupuncture services performed by a medical doctor, is without merit (see Apple Tree Acupuncture, P.C. v Progressive Northeastern Ins. Co., 36 Misc 3d 153[A], 2012 NY Slip Op 51710[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]).

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

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

Paul Kenny
Chief Clerk
Decision Date: September 08, 2017