From Casetext: Smarter Legal Research

NYS Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Sep 19, 2016
2016 N.Y. Slip Op. 51362 (N.Y. App. Term 2016)

Opinion

No. 2013–2706 Q C.

09-19-2016

NYS ACUPUNCTURE, P.C., as Assignee of Barbara Greene, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Respondent.


Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered November 20, 2013. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint, arguing that it had fully paid plaintiff for the services at issue in accordance with the workers' compensation fee schedule. The Civil Court granted defendant's motion.

Plaintiff argues on appeal, as it did in the Civil Court, that defendant failed to establish that its fee schedule reductions were proper. We disagree and find that defendant demonstrated that it had fully paid plaintiff for the services at issue in accordance with the workers' compensation fee schedule for acupuncture services performed by chiropractors (see Great Wall Acupuncture, P.C. v. Geico Ins. Co., 26 Misc.3d 23, 24 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009] ["we hold, as a matter of law, that an insurer may use the workers' compensation fee schedule for acupuncture services performed by chiropractors to determine the amount which a licensed acupuncturist is entitled to receive for such acupuncture services"] ).

Accordingly, the order is affirmed.

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


Summaries of

NYS Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
Sep 19, 2016
2016 N.Y. Slip Op. 51362 (N.Y. App. Term 2016)
Case details for

NYS Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

Case Details

Full title:NYS Acupuncture, P.C., as Assignee of BARBARA GREENE, Appellant, v. State…

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

Date published: Sep 19, 2016

Citations

2016 N.Y. Slip Op. 51362 (N.Y. App. Term 2016)
46 N.Y.S.3d 475