August 22, 2006
Booth Chiropractic & Acupuncture PLLC v State Farm Mut. Auto. Ins. Co. (2006 NY Slip Op 51673(U))
https://www.beynensonlaw.com/case-law/booth-chiropractic-acupuncture-pllc-v-state-farm-mut-auto-ins-co-2006-ny-slip-op-51673u/
- Decided
- August 22, 2006
- Citation
- 2006 NY Slip Op 51673(U) · 13 Misc 3d 128(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Legal questions
- Claimant's prima facie case on motions (see the maps)
Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.
Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Booth Chiropractic & Acupuncture PLLC v State Farm Mut. Auto. Ins. Co. (2006 NY Slip Op 51673(U))
| Booth Chiropractic & Acupuncture PLLC v State Farm Mut. Auto. Ins. Co. |
| 2006 NY Slip Op 51673(U) [13 Misc 3d 128(A)] |
| Decided on August 22, 2006 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ
2005-1726 N C.
against
State Farm Mutual Automobile Insurance Company, Respondent.
Appeal from an order of the District Court of Nassau County, Third District (Howard S. Miller, J.), dated September 26, 2005. The order, insofar as appealed from, denied plaintiff’s motion for summary judgment.
Order, insofar as appealed from, affirmed without costs.
In this action to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the action. Plaintiff appeals from so much of the order as denied its motion for summary judgment. Plaintiff’s motion for summary judgment was properly denied because plaintiff’s submission of inconsistent affidavits from its treating physician raised a triable issue of fact (see generally Amaze Med. Supply Inc. v Eagle Ins. Co., 3 Misc 3d 130[A], 2004 NY Slip Op 50389[U] [App Term, 2d & 11th Jud Dists]).
Rudolph, P.J., Angiolillo and Lippman, JJ., concur.
Decision Date: August 22, 2006
Legal questions
A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
On summary judgment or another pretrial motion, what must a no-fault claimant show to establish its prima facie case?
This decision: Insufficient for another reason (eligibility, timely submission, own papers defeat the claim)
Held the provider's summary judgment motion was properly denied because its own submission of inconsistent affidavits from its treating physician raised a triable issue of fact.
Of the 1,065 decisions on this question in the Second Department courts and the Court of Appeals, 19 (this one included) are in the same category.
Cited in this decision
- Amaze Med. Supply v Eagle Ins. Co. (2004 NY Slip Op 50389(U))The provider's own submissions raised factual issues about whether the billed equipment was prescribed or received by its assignor.
Similar decisions
- A.B. Med. Servs. PLLC v State Farm Mut. Auto. Ins. Co. (2004 NY Slip Op 51031(U))The providers' ambiguous billing affidavit failed to establish a prima facie case, but the insurer also failed to obtain dismissal.
- LMS Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 51137(U))The insurer established timely EUO notices and denials, the provider's nonappearance, and entitlement to dismissal without a triable factual issue.
- Acupuncture Healthcare Plaza I, P.C. v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 50738(U))The insurer's cross motion for summary judgment dismissing the provider's complaint for EUO nonappearance was granted.
- Boai Zhong Yi Acupuncture Servs., P.C. v Allstate Ins. Co. (2007 NY Slip Op 51601(U))The provider's conclusory business-records affidavit failed to establish prima facie entitlement to summary judgment.
- A.B. Med. Servs. v Allstate Ins. Co. (2004 NY Slip Op 50373(U))The providers' billing affidavit failed to establish their prima facie case because it did not identify which of three providers it covered.