Flushing Traditional Acupuncture, P.C. v. Geico Ins. Co.

Full title: FLUSHING TRADITIONAL ACUPUNCTURE, P.C. as Assignee of Yaitza Cordero…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Sep 13, 2013

40 Misc. 3d 142 (N.Y. App. Term 2013)

2013 N.Y. Slip Op. 51537

977 N.Y.S.2d 666

Opinion

2013-09-13

FLUSHING TRADITIONAL ACUPUNCTURE, P.C. as Assignee of Yaitza Cordero, Appellant, v. GEICO INS. CO., Respondent.

For the reasons stated in Flushing Traditional Acupuncture, P.C. as Assignee of Vyacheslav Ovrutsky v. GEICO Ins. Co. (––– Misc.3d ––––, 2013 N.Y. Slip Op –––– [Appeal No.2011–2023 K C], decided herewith), the order is modified by providing that the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover the sum of $53.61 for an “initial evaluation,” which was billed under code 99202, is denied.

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