September 29, 2015

Premier Health Choice v Praetorian Ins. Co. (2015 NY Slip Op 51383(U))

Headnote

The court considered the motion for summary judgment dismissing the complaint made by the defendant, Praetorian Insurance Company, in a case brought by Premier Health Choice, a/a/o Jessica Calderon, regarding no-fault claims for physical therapy treatment. The defendant submitted independent medical examination (IME) reports from an orthopedic doctor and neurologist, which concluded that the injuries were resolved and further physical therapy was not needed. The plaintiff submitted an unsworn doctor's report with their attorney's affirmation, which the court deemed to be without probative value and insufficient to raise a triable issue. Ultimately, the court reversed the lower court's decision and granted the defendant's motion for summary judgment, dismissing the complaint. The holding of the case was in favor of the defendant, Praetorian Insurance Company, based on the insufficient evidence provided by the plaintiff to support their claim for continued physical therapy treatment.

Reported in New York Official Reports at Premier Health Choice v Praetorian Ins. Co. (2015 NY Slip Op 51383(U))

Premier Health Choice v Praetorian Ins. Co. (2015 NY Slip Op 51383(U)) [*1]

Premier Health Choice v Praetorian Ins. Co.

2015 NY Slip Op 51383(U) [49 Misc 3d 128(A)]

Decided on September 29, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 29, 2015

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J. P., Hunter, Jr., Ling-Cohan, JJ.
570261/15

Premier Health Choice, a/a/o Jessica Calderon, Plaintiff-Respondent,
against
Praetorian Insurance Company, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Gerald Lebovits, J.) entered January 18, 2012, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Gerald Lebovits, J.) entered January 18, 2012, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant made a prima facie showing of entitlement to summary judgment dismissing plaintiff’s no-fault claims for physical therapy treatment rendered to plaintiff’s assignor, by submitting the independent medical examination [IME] reports of its examining orthopedic doctor and neurologist which set forth a sufficient factual basis and medical rationale for the conclusion that the assignor’s injuries were resolved and that there was no need for further physical therapy treatment. In opposition, the unsworn doctor’s report submitted with plaintiff’s attorney’s affirmation was without probative value (see Grasso v Angerami, 79 NY2d 813 [1991]; Premier Health Choice Chiropractic, P.C. v Praetorian Ins. Co., 41 Misc 3d 133[A], 2013 NY Slip Op 51802[U][App Term, 1st Dept]), and insufficient to raise a triable issue (see CPT Med. Servs., P.C. v New York Cent. Mut. Fire Ins. Co., 18 Misc 3d 87 [App Term, 1st Dept 2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: September 29, 2015