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Cliffside Park Imaging & Diagnostic Estabine v. Travelers Ins. Co.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 8, 2015
2015 N.Y. Slip Op. 51489 (N.Y. App. Term 2015)

Opinion

No. 570351/15.

10-08-2015

CLIFFSIDE PARK IMAGING & DIAGNOSTIC ESTABINE, Plaintiff–Appellant, v. TRAVELERS INS. CO., Defendant–Respondent.


Opinion

PER CURIAM.

Order (Joseph E. Capella, J.), entered March 19, 2014, insofar as appealed from, affirmed, with $10 costs.

We sustain the grant of defendant's motion for partial summary judgment. Inasmuch as the health services underlying plaintiff's no-fault claim were rendered in New Jersey, defendant may properly rely upon the New Jersey fee schedule to establish the “prevailing fee” within the meaning of 11 NYCRR 68.6 (see Surgicare Surgical Associates v. National Interstate Ins. Co., appeal numbered 15–175, decided herewith). Plaintiff's objections to the sufficiency of defendant's proof pertaining to the calculation of the fees under the New Jersey fee schedule are premature, inasmuch as Civil Court made no determination as to the amount reimbursable under that fee schedule. We have considered and rejected plaintiff's remaining arguments.

I concur.


Summaries of

Cliffside Park Imaging & Diagnostic Estabine v. Travelers Ins. Co.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 8, 2015
2015 N.Y. Slip Op. 51489 (N.Y. App. Term 2015)
Case details for

Cliffside Park Imaging & Diagnostic Estabine v. Travelers Ins. Co.

Case Details

Full title:Cliffside Park Imaging & Diagnostic Estabine, Plaintiff-Appellant, v…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Oct 8, 2015

Citations

2015 N.Y. Slip Op. 51489 (N.Y. App. Term 2015)
26 N.Y.S.3d 723
2015 WL 5894723