Opinion
259
February 25, 2003.
Order, Supreme Court, New York County (Edward Lehner, J.), entered February 15, 2002, which denied plaintiff's motion for summary judgment declaring that defendant insurer was obligated to pay plaintiff no-fault benefits from June 8, 2001, the date when defendant's denial of such benefits became effective, unanimously affirmed, with costs.
Pro Se, for plaintiff-appellant.
Thomas J. Mullaney, for defendant-respondent.
Before: Tom, J.P., Andrias, Sullivan, Friedman, Marlow, JJ.
The motion court, in denying plaintiff's motion for summary judgment, properly determined that based on the conflicting medical evidence, there was a question of fact as to whether further accident-related treatment was necessary (see Wagner v. Baird, 208 A.D.2d 1087).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.