January 26, 2011

Sung Bok Lee v Metropolitan Prop. & Cas. Ins. Co. (2011 NY Slip Op 50110(U))

Headnote

The court considered the fact that defendant reimbursed the plaintiff for services rendered by a licensed acupuncturist to the plaintiff's assignor. Defendant used the workers' compensation fee schedule for acupuncture services performed by chiropractors to determine the amount that plaintiff was entitled to receive for the services rendered. The main issue decided was whether it was proper for the defendant to use the workers' compensation fee schedule for acupuncture services performed by chiropractors to determine the amount owed to the plaintiff. The court held that it was proper for the defendant to use this fee schedule, and as a result, granted the defendant's motion for summary judgment and dismissed the complaint. The judgment was affirmed without costs.

Reported in New York Official Reports at Sung Bok Lee v Metropolitan Prop. & Cas. Ins. Co. (2011 NY Slip Op 50110(U))

Sung Bok Lee v Metropolitan Prop. & Cas. Ins. Co. (2011 NY Slip Op 50110(U)) [*1]

Sung Bok Lee v Metropolitan Prop. & Cas. Ins. Co.

2011 NY Slip Op 50110(U) [30 Misc 3d 135(A)]

Decided on January 26, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 26, 2011

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : STEINHARDT, J.P., PESCE and WESTON, JJ
2009-1919 Q C.

SUNG BOK LEE, L.Ac. as Assignee of MIRIAM KASSIN, Appellant,
against
METROPOLITAN PROPERTY AND CASUALTY INS. CO., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered July 17, 2009, deemed from a judgment of the same court entered August 18, 2009 (see CPLR 5501 [c]). The judgment, entered pursuant to the July 17, 2009 order granting defendant’s motion for summary judgment, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that it had properly reimbursed plaintiff for services rendered by its licensed acupuncturist to plaintiff’s assignor. Plaintiff opposed the motion. The Civil Court granted defendant’s motion and dismissed the complaint. This appeal by plaintiff ensued. A judgment was subsequently entered, from which the appeal is deemed to be taken (see CPLR 5501 [c]).

It was proper for defendant to use the workers’ compensation fee schedule for acupuncture services performed by chiropractors to determine the amount which plaintiff was entitled to receive for services rendered by a licensed acupuncturist (see AVA Acupuncture, P.C. v GEICO Gen. Ins. Co., 17 Misc 3d 41 [App Term, 2d & 11th Jud Dists 2007]; Great Wall Acupuncture v GEICO Gen. Ins. Co., 16 Misc 3d 23 [App Term, 2d & 11th Jud Dists 2007]). As defendant’s motion for summary judgment dismissing the complaint was properly granted, the judgment is affirmed.

Steinhardt, J.P., Pesce and Weston, JJ., concur.
Decision Date: January 26, 2011