Opinion
No. 570351/15.
10-08-2015
CLIFFSIDE PARK IMAGING & DIAGNOSTIC ESTABINE, Plaintiff–Appellant, v. TRAVELERS INS. CO., Defendant–Respondent.
Opinion
PER CURIAM.
Order (Joseph E. Capella, J.), entered March 19, 2014, insofar as appealed from, affirmed, with $10 costs.
We sustain the grant of defendant's motion for partial summary judgment. Inasmuch as the health services underlying plaintiff's no-fault claim were rendered in New Jersey, defendant may properly rely upon the New Jersey fee schedule to establish the “prevailing fee” within the meaning of 11 NYCRR 68.6 (see Surgicare Surgical Associates v. National Interstate Ins. Co., appeal numbered 15–175, decided herewith). Plaintiff's objections to the sufficiency of defendant's proof pertaining to the calculation of the fees under the New Jersey fee schedule are premature, inasmuch as Civil Court made no determination as to the amount reimbursable under that fee schedule. We have considered and rejected plaintiff's remaining arguments.
I concur.