Opinion
2009-211 K C.
Decided July 22, 2010.
Appeal from an order of the Civil Court of the City of New York, Kings County (Kathryn E. Freed, J.), entered May 5, 2008. The order granted defendant's motion for summary judgment dismissing the complaint and denied, as moot, plaintiff's cross motion for summary judgment.
ORDERED that the order is affirmed without costs.
PRESENT: WESTON, J.P., GOLIA and STEINHARDT, JJ.
In this action by a provider to recover assigned first-party no-fault benefits, defendant, insofar as is relevant to this appeal, moved for summary judgment dismissing the complaint on the ground that the acupuncture services at issue were rendered by plaintiff, a professional service corporation, which is owned solely by a doctor who is neither licensed nor certified to perform acupuncture. Plaintiff cross-moved for summary judgment, arguing that it is eligible for reimbursement of such no-fault benefits because the acupuncture services were rendered by a licensed acupuncturist employed by plaintiff. The court granted defendant's motion for summary judgment and denied plaintiff's cross motion as moot. This appeal ensued.
As the pertinent facts of this case are the same as those in Quality Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co. ( 26 Misc 3d 139 [A], 2010 NY Slip Op 50262[U] [App Term, 2d, 11th 13th Jud Dists 2010]), for the reasons stated in that case, the order, insofar as appealed from, is affirmed.
Weston, J.P., Golia and Steinhardt, JJ., concur.