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RAZ Acupuncture, P.C. v. New S. Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
May 11, 2012
35 Misc. 3d 140 (N.Y. App. Div. 2012)

Opinion

No. 2010–1714KC.

2012-05-11

RAZ ACUPUNCTURE, P.C. as Assignee of David Matatov, Appellant, v. NEW SOUTH INS. CO., Respondent.


Present: WESTON, J.P., PESCE and RIOS, JJ.

Appeal from an order of the Civil Court of the City of New York, Kings County (Wavny Toussaint, J.), entered August 14, 2009. The order, insofar as appealed from as limited by the brief, granted the branches of defendant's cross motion seeking summary judgment dismissing the first, second, third and fifth causes of action.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as granted the branches of defendant's cross motion seeking summary judgment dismissing the first, second, third and fifth causes of action.

The affidavits submitted by defendant in support of its cross motion for summary judgment established that defendant had timely denied ( see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008];Delta Diagnostic Radiology, P.C. v. Chubb Group of Ins., 17 Misc.3d 16 [App Term, 2d & 11th Jud Dists 2007] ) plaintiff's claims on the ground that the unpaid portion exceeded the amount permitted by the workers' compensation fee schedule. Moreover, defendant demonstrated that it had fully paid plaintiff for the services in accordance with the workers' compensation fee schedule ( see Great Wall Acupuncture, P.C. v. GEICO Ins. Co., 26 Misc.3d 23 [App Term, 2d, 11th & 13th Jud Dists 2009] ). Accordingly, the order, insofar as appealed from, is affirmed.

WESTON, J.P., PESCE and RIOS, JJ., concur.


Summaries of

RAZ Acupuncture, P.C. v. New S. Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts
May 11, 2012
35 Misc. 3d 140 (N.Y. App. Div. 2012)
Case details for

RAZ Acupuncture, P.C. v. New S. Ins. Co.

Case Details

Full title:RAZ ACUPUNCTURE, P.C. as Assignee of David Matatov, Appellant, v. NEW…

Court:Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: May 11, 2012

Citations

35 Misc. 3d 140 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 50865
953 N.Y.S.2d 553