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Lotus Acupuncture, P.C. v. Mvaic

Supreme Court, Appellate Term, First Department, New York.
Nov 20, 2013
41 Misc. 3d 138 (N.Y. App. Term 2013)

Opinion

No. 13–339.

2013-11-20

LOTUS ACUPUNCTURE, P.C., a/a/o Maria Montalvo, Plaintiff–Respondent, v. MVAIC, Defendant–Appellant.


The affidavits submitted by defendant in support of its motion for summary judgment established that defendant timely denied ( see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008] ) plaintiff's claim for assigned first-party no-fault benefits on the ground that the fees plaintiff charged for the acupuncture services it rendered to the assignor exceeded the amount permitted by the worker's compensation fee schedule. In opposition, plaintiff failed to raise a triable issue as to the efficacy of defendant's mailing of the denial or the calculation of the fee. Therefore, defendant's motion for summary judgment dismissing the claim—which sought the difference between the amount charged for the services and payments made to plaintiff pursuant to the fee schedule—should have been granted.


Summaries of

Lotus Acupuncture, P.C. v. Mvaic

Supreme Court, Appellate Term, First Department, New York.
Nov 20, 2013
41 Misc. 3d 138 (N.Y. App. Term 2013)
Case details for

Lotus Acupuncture, P.C. v. Mvaic

Case Details

Full title:LOTUS ACUPUNCTURE, P.C., a/a/o Maria Montalvo, Plaintiff–Respondent, v…

Court:Supreme Court, Appellate Term, First Department, New York.

Date published: Nov 20, 2013

Citations

41 Misc. 3d 138 (N.Y. App. Term 2013)
2013 N.Y. Slip Op. 51925
981 N.Y.S.2d 636