November 1, 2019
Acupuncture Now, P.C. v Global Liberty Ins. (2019 NY Slip Op 51797(U))
https://www.beynensonlaw.com/case-law/acupuncture-now-p-c-v-global-liberty-ins-2019-ny-slip-op-51797u/
- Decided
- November 1, 2019
- Citation
- 2019 NY Slip Op 51797(U) · 65 Misc 3d 146(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Issues
- Other
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Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at Acupuncture Now, P.C. v Global Liberty Ins. (2019 NY Slip Op 51797(U))
| Acupuncture Now, P.C. v Global Liberty Ins. |
| 2019 NY Slip Op 51797(U) [65 Misc 3d 146(A)] |
| Decided on November 1, 2019 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 November 1, 2019
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, BERNICE D. SIEGAL, JJ
2018-964 K C
against
Global Liberty Insurance, Appellant.
Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered February 21, 2018. The order, insofar as appealed from and as limited by the brief, denied defendant’s cross motion for summary judgment dismissing the complaint.
ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant’s cross motion for summary judgment dismissing the complaint is granted.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals, as limited by the brief, from so much of an order of the Civil Court as denied defendant’s cross motion for summary judgment dismissing the complaint.
For the reasons stated in Acupuncture Now, P.C., as Assignee of Lozano, Cleotilde v Global Liberty Ins. (___ Misc 3d ___, 2019 NY Slip Op _____ [appeal No. 2018-962 K C], decided herewith), the order, insofar as appealed from, is reversed and defendant’s cross motion for summary judgment dismissing the complaint is granted.
PESCE, P.J., ALIOTTA and SIEGAL, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 01, 2019
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- New Age Acupuncture, P.C. v 21st Century Ins. Co. (2016 NY Slip Op 50737(U))The insurer's summary judgment motion concerning services billed under CPT code 97026 was denied on appeal.