October 8, 2015

Cliffside Park Imaging & Diagnostic v Travelers Ins. Co. (2015 NY Slip Op 51489(U))

Headnote

The court considered the defendant's motion for partial summary judgment in a case involving a dispute over the reimbursement of health services rendered in New Jersey. The main issue decided was whether the defendant could rely on the New Jersey fee schedule to establish the "prevailing fee" for the purposes of the plaintiff's no-fault claim. The court held that the defendant could properly rely on the New Jersey fee schedule, and therefore sustained the grant of defendant's motion for partial summary judgment. The court also noted that the plaintiff's objections to the sufficiency of the defendant's proof pertaining to the calculation of the fees under the New Jersey fee schedule were premature, as the Civil Court had not made a determination on the amount reimbursable under that fee schedule. The decision was affirmed, with costs.

Reported in New York Official Reports at Cliffside Park Imaging & Diagnostic v Travelers Ins. Co. (2015 NY Slip Op 51489(U))

Cliffside Park Imaging & Diagnostic v Travelers Ins. Co. (2015 NY Slip Op 51489(U)) [*1]

Cliffside Park Imaging & Diagnostic v Travelers Ins. Co.

2015 NY Slip Op 51489(U) [49 Misc 3d 136(A)]

Decided on October 8, 2015

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 8, 2015

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570351/15

Cliffside Park Imaging & Diagnostic Estabine, Plaintiff-Appellant,
against
Travelers Ins. Co. Defendant-Respondent.

Plaintiff, as limited by its brief, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Joseph E. Capella, J.), entered March 19, 2014, as granted defendant’s motion for partial summary judgment.

Per Curiam.

Order (Joseph E. Capella, J.), entered March 19, 2014, insofar as appealed from, affirmed, with $10 costs.

We sustain the grant of defendant’s motion for partial summary judgment. Inasmuch as the health services underlying plaintiff’s no-fault claim were rendered in New Jersey, defendant may properly rely upon the New Jersey fee schedule to establish the “prevailing fee” within the meaning of 11 NYCRR 68.6 (see Surgicare Surgical Associates v National Interstate Ins. Co., appeal numbered 15-175, decided herewith). Plaintiff’s objections to the sufficiency of defendant’s proof pertaining to the calculation of the fees under the New Jersey fee schedule are premature, inasmuch as Civil Court made no determination as to the amount reimbursable under that fee schedule. We have considered and rejected plaintiff’s remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 08, 2015