December 22, 2017

W.H.O. Acupuncture, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51856(U))

https://www.beynensonlaw.com/case-law/w-h-o-acupuncture-p-c-v-country-wide-ins-co-2017-ny-slip-op51856u/

Court: Appellate Term, Second Department
Decided: December 22, 2017
Citation: 2017 NY Slip Op 51856(U) · 58 Misc 3d 139(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Other

Cite as

W.H.O. Acupuncture, P.C. v Country-Wide Ins. Co., 58 Misc 3d 139(A), 2017 NY Slip Op 51856(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The provider's summary judgment motion was denied and the insurer's cross motion to dismiss the assigned no-fault claims was granted. The Appellate Term, Second Department, affirmed for the reasons stated in the companion appeal, MT Servs. P.T., P.C. v Country-Wide Ins. Co., decided the same day, No. 2015-155 Q C.

Reported in New York Official Reports at W.H.O. Acupuncture, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51856(U))

[*1]

W.H.O. Acupuncture, P.C. v Country-Wide Ins. Co.

2017 NY Slip Op 51856(U) [58 Misc 3d 139(A)]

Decided on December 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 22, 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
2015-317 Q C

W.H.O. Acupuncture, P.C., as Assignee of Smith Monique, Appellant,
against
Country-Wide Ins. Co., Respondent.

Petre and Zabokritsky, P.C. (Zachary Rozenberg, Esq.), for appellant. Jaffe & Koumourdas, LLP (Jean H. Kang, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered December 5, 2014. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross 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, plaintiff moved for summary judgment and defendant cross-moved for summary judgment dismissing the complaint. By order entered December 5, 2014, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in MT Servs. P.T., P.C., as Assignee of Richardson Steven v Country-Wide Ins. Co. (__ Misc 3d __, 2017 NY Slip Op ____ [appeal No. 2015-155 Q C], decided herewith), the order is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: December 22, 2017

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W.H.O. Acupuncture, P.C. v GEICO Gen. Ins. Co. (2012 NY Slip Op 50883(U))The insurer's summary judgment dismissal was upheld because the record showed no factual issue about whether it denied the claims.
W.H.O. Acupuncture, P.C. v GEICO Indem. Co. (2017 NY Slip Op 51900(U))The insurer's sworn IME report established a lack of medical necessity for the acupuncture services at issue.
Avenue I Med., P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51852(U))The provider's summary judgment motion was denied and the insurer's cross motion to dismiss the assigned no-fault claims was granted.
Exclusive Physical Therapy, P.C. v Country-Wide Ins. Co. (2017 NY Slip Op 51855(U))The insurer's cross motion for summary judgment dismissing the two no-fault claims at issue on appeal was granted.
W.H.O. Acupuncture, P.C. v State-Wide Ins. Co. (2011 NY Slip Op 52298(U))The insurer admitted mailing its denial after 30 days and failed to establish a verification toll, defeating summary judgment.