December 19, 2017

Kensington Radiology Group, P.C. v National Am. Ins. Co. (2017 NY Slip Op 51811(U))

Headnote

The court considered the denial of the defendant's motion for summary judgment to dismiss the complaint by Kensington Radiology Group, P.C., seeking first-party no-fault benefits. The main issue decided was whether there was a triable issue of fact regarding the medical necessity of the services at issue. The holding of the case was that the court affirmed the order denying the defendant's motion for summary judgment, as there was a triable issue of fact regarding the medical necessity of the services. Therefore, the order was affirmed, and the plaintiff was allowed to proceed with the case to recover assigned first-party no-fault benefits.

Reported in New York Official Reports at Kensington Radiology Group, P.C. v National Am. Ins. Co. (2017 NY Slip Op 51811(U))

Kensington Radiology Group, P.C. v National Am. Ins. Co. (2017 NY Slip Op 51811(U)) [*1]

Kensington Radiology Group, P.C. v National Am. Ins. Co.

2017 NY Slip Op 51811(U) [58 Misc 3d 135(A)]

Decided on December 19, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 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
2015-667 Q C

Kensington Radiology Group, P.C., as Assignee of Nicole Hall, Respondent,
against
National American Insurance Company, Appellant.

Law Offices of Moira Doherty (Lisa Taranto-Fernandez, Esq.), for appellant. The Beynenson Law Firm, P.C. (Alek Beynenson, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 27, 2015. The order denied defendant’s 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, defendant appeals from an order of the Civil Court which denied defendant’s motion for summary judgment dismissing the complaint.

Upon a review of the record, we agree with the Civil Court’s determination that there is a triable issue of fact regarding the medical necessity of the services at issue (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

Accordingly, the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 19, 2017