Island Life Chiropractic, P.C. v. State Farm Mut. Auto. Ins. Co.

Full title: Island Life Chiropractic, P.C., as Assignee of Blake, Brenderline…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Sep 8, 2017

2017 N.Y. Slip Op. 51157 (N.Y. App. Term 2017)

Opinion

2014-2018 K C

09-08-2017

Island Life Chiropractic, P.C., as Assignee of Blake, Brenderline, Appellant, v. State Farm Mutual Automobile Ins. Co., Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Richard T. Lau & Associates (Martin Dolitsky, Esq.), for respondent.

MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ

PRESENT: :

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant.

Richard T. Lau & Associates (Martin Dolitsky, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered June 24, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint.

Plaintiff correctly argues that defendant's motion papers failed to establish, as a matter of law, that the fees that had been charged by plaintiff exceeded the amounts permitted by the workers' compensation fee schedule.

Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur. Paul Kenny Chief Clerk Decision Date: September 08, 2017