Opinion
2018-2277 K C
11-06-2020
LVOV ACUPUNCTURE, P.C., as Assignee of Ozhan Tastaban, Appellant, v. NATIONWIDE INS. CO., Respondent.
Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Law Office of Kevin J. Philbin (Lawrence Wolkow of counsel), for respondent.
Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant.
Law Office of Kevin J. Philbin (Lawrence Wolkow of counsel), for respondent.
PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court granted defendant's motion for summary judgment dismissing the complaint on the ground that defendant had fully paid plaintiff for the services at issue.
Contrary to plaintiff's contention, the affidavit executed by defendant's certified medical coder, submitted in support of defendant's motion, established that defendant had properly used the workers' compensation fee schedule to determine the amount which plaintiff was entitled to receive for the services in question (see Quality Comprehensive Med. Care, P.C. v. New York Cent. Mut. Fire Ins. Co. , 65 Misc 3d 143[A], 2019 NY Slip Op 51734[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; see also Sama Physical Therapy, P.C. v. American Tr. Ins. Co. , 53 Misc 3d 129[A], 2016 NY Slip Op 51359[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016] ). Plaintiff failed to rebut defendant's showing, and plaintiff's remaining contention lacks merit.
Accordingly, the order is affirmed.
ALIOTTA, P.J., ELLIOT and SIEGAL, JJ., concur.