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Urban Well Acupuncture, P.C. v. Glob. Liberty Ins. Co. of N.Y.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 12, 2018
61 Misc. 3d 155 (N.Y. App. Term 2018)

Opinion

570383/18

12-12-2018

URBAN WELL ACUPUNCTURE, P.C. a/a/o Manuel Guaman, Plaintiff-Respondent, v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.


Per Curiam.

Order (Carol R. Sharpe, J.), entered May 1, 2018, insofar as appealed from, reversed, with $10 costs, defendant's motion granted and the complaint dismissed, except as to so much of the complaint as seeks to recover upon claims for $439.25.

In opposition to defendant-insurer's prima facie showing of entitlement to summary judgment on the grounds of lack of medical necessity and that the amounts sought exceeded the amounts permitted by the workers' compensation fee schedule, plaintiff failed to raise a triable issue. Although defendant previously moved for summary judgment, its prior motion contained an unsworn chiropractic IME report. Thus, the court properly considered defendant's renewed motion based upon substantively identical proof in proper form (see Cespedes v. McNamee , 308 AD2d 409 [2003] ).

We note that defendant, on reply below, corrected alleged coding errors in plaintiff's bills and agreed that plaintiff was entitled to an additional $439.25.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Urban Well Acupuncture, P.C. v. Glob. Liberty Ins. Co. of N.Y.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 12, 2018
61 Misc. 3d 155 (N.Y. App. Term 2018)
Case details for

Urban Well Acupuncture, P.C. v. Glob. Liberty Ins. Co. of N.Y.

Case Details

Full title:Urban Well Acupuncture, P.C. a/a/o Manuel Guaman, Plaintiff-Respondent, v…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Dec 12, 2018

Citations

61 Misc. 3d 155 (N.Y. App. Term 2018)
2018 N.Y. Slip Op. 51833
112 N.Y.S.3d 409