March 18, 2016

Natural Therapy Acupuncture, P.C. v American Tr. Ins. Co. (2016 NY Slip Op 50389(U))

Headnote

The court considered the motion for summary judgment by the plaintiff to recover assigned first-party no-fault benefits, as well as the cross motion for summary judgment by the defendant to dismiss the complaint. The main issue decided was whether the defendant had timely and properly paid the plaintiff's claims in accordance with the workers' compensation fee schedule. The holding of the court was that the defendant had fully paid the plaintiff for the services at issue in accordance with the fee schedule, as established by the affidavit of the defendant's no-fault examiner and the exhibits annexed in support of the cross motion. Consequently, the Civil Court properly granted the defendant's cross motion and denied the plaintiff's motion, and the order was affirmed.

Reported in New York Official Reports at Natural Therapy Acupuncture, P.C. v American Tr. Ins. Co. (2016 NY Slip Op 50389(U))

Natural Therapy Acupuncture, P.C. v American Tr. Ins. Co. (2016 NY Slip Op 50389(U)) [*1]

Natural Therapy Acupuncture, P.C. v American Tr. Ins. Co.

2016 NY Slip Op 50389(U) [51 Misc 3d 129(A)]

Decided on March 18, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 18, 2016

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

PRESENT: : WESTON, J.P., PESCE and ALIOTTA, JJ.
2014-769 Q C

Natural Therapy Acupuncture, P.C., as Assignee of CHRISTOPHER ICHEKE, Appellant,
against
American Transit Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered March 14, 2014. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the ground that defendant had timely and properly paid plaintiff’s claims in accordance with the workers’ compensation fee schedule. Plaintiff appeals from an order of the Civil Court denying plaintiff’s motion and granting defendant’s cross motion.

Contrary to plaintiff’s arguments on appeal, the affidavit of defendant’s no-fault examiner, and the exhibits annexed in support of defendant’s cross motion, established that defendant had fully paid plaintiff for the services at issue in accordance with the workers’ compensation fee schedule (see Great Wall Acupuncture, P.C. v Geico Ins. Co., 26 Misc 3d 23 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009]). Plaintiff failed to raise a triable issue of fact in opposition to defendant’s cross motion. Consequently, the Civil Court properly granted defendant’s cross motion and denied plaintiff’s motion.

Accordingly, the order is affirmed.

Weston, J.P., Pesce and Aliotta, JJ., concur.

Decision Date: March 18, 2016