September 8, 2017

Island Life Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51157(U))

Headnote

The court considered the motion by defendant State Farm Mutual Automobile Insurance Company for summary judgment to dismiss the complaint filed by Island Life Chiropractic, P.C., as assignee of Blake Brenderline, in an action to recover assigned first-party no-fault benefits. The main issue decided was whether the fees charged by the plaintiff exceeded the amounts permitted by the workers' compensation fee schedule. The court held that the defendant's motion papers failed to establish, as a matter of law, that the fees charged by the plaintiff exceeded the amounts permitted by the workers' compensation fee schedule. As a result, the court reversed the order granting defendant's motion for summary judgment and denied the motion to dismiss the complaint. The decision was made by Judges Pesce, Aliotta, and Solomon, and the order was reversed with costs.

Reported in New York Official Reports at Island Life Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51157(U))

Island Life Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51157(U)) [*1]

Island Life Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co.

2017 NY Slip Op 51157(U) [57 Misc 3d 128(A)]

Decided on September 8, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 8, 2017

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-2018 K C

Island Life Chiropractic, P.C., as Assignee of Blake, Brenderline, Appellant,
against
State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Richard T. Lau & Associates (Martin Dolitsky, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered June 24, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

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.

Plaintiff correctly argues that defendant’s motion papers failed to establish, as a matter of law, that the fees that had been charged by plaintiff exceeded the amounts permitted by the workers’ compensation fee schedule.

Accordingly, the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

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

Paul Kenny
Chief Clerk
Decision Date: September 08, 2017