Opinion
19-419
12-13-2019
ADAPTIVE PERSONAL TOUCH, PT, PC, a/a/o Liam Roche, Plaintiff-Respondent, v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.
Per Curiam.
Order (Myrna Socorro, J.), entered February 7, 2019, insofar as appealed from, affirmed, with $10 costs.
We agree with Civil Court that the conflicting medical opinions adduced by the parties sufficed to raise a triable issue as to the medical necessity of the physical therapy treatments underlying plaintiff's claims (see True Health Pharm., Inc. v. Global Liberty Ins. Co. of NY , 64 Misc 3d 128[A]; 2019 NY Slip Op 51004[U] [App Term, 1st Dept 2019] ; Sloan v. Global Liberty Ins. Co. , 63 Misc 3d 138[A], 2019 NY Slip Op 50550[U] [App Term, 1st Dept 2019] ). Thus, the defendant's cross motion for summary judgment on the ground of lack of medical necessity was properly denied.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.