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Alev Med. Supply, Inc. v. Praetorian Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Nov 26, 2013
41 Misc. 3d 139 (N.Y. App. Term 2013)

Opinion

No. 2011–252 Q C.

2013-11-26

ALEV MEDICAL SUPPLY, INC. as Assignee of Jarea T. Cook, Respondent, v. PRAETORIAN INSURANCE COMPANY, Appellant.


In support of its motion, defendant submitted a sworn peer review report which set forth a factual basis and medical rationale for the reviewer's determination that there was no medical necessity for the medical supplies at issue. In opposition, plaintiff submitted an affirmation by a doctor which failed to meaningfully refer to, let alone rebut, the conclusions set forth in the peer review report ( see Pan Chiropractic, P.C. v. Mercury Ins. Co., 24 Misc.3d 136[A], 2009 N.Y. Slip Op 51495[U] [App Term, 2d, 11th & 13th Jud Dists 2009] ). In view of the foregoing, and as plaintiff has not challenged the Civil Court's finding, in effect, that defendant is otherwise entitled to judgment, the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted ( see A. Khodadadi Radiology, P.C. v. N.Y. Cent. Mut. Fire Ins. Co., 16 Misc.3d 131[A], 2007 N.Y. Slip Op 51342 [U] [App Term, 2d & 11th Jud Dists 2007] ).

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


Summaries of

Alev Med. Supply, Inc. v. Praetorian Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Nov 26, 2013
41 Misc. 3d 139 (N.Y. App. Term 2013)
Case details for

Alev Med. Supply, Inc. v. Praetorian Ins. Co.

Case Details

Full title:ALEV MEDICAL SUPPLY, INC. as Assignee of Jarea T. Cook, Respondent, v…

Court:Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Nov 26, 2013

Citations

41 Misc. 3d 139 (N.Y. App. Term 2013)
2013 N.Y. Slip Op. 51995
983 N.Y.S.2d 201