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Egan v. Dawson

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 1016 (N.Y. App. Div. 1994)

Opinion

September 30, 1994

Appeal from the Supreme Court, Monroe County, Cornelius, J.

Present — Denman, P.J., Green, Balio, Wesley and Callahan, JJ.


Order unanimously affirmed with costs. Memorandum: The rolfing treatments received by Claudia P. Egan (plaintiff) are not "other professional health services" under Insurance Law § 5102 (a) (1) (iv) because rolfing is not a service licensed by the State of New York (see, 11 NYCRR 65.15 [o] [1] [vi]). Nevertheless, there is a question of fact whether the rolfing treatments received by plaintiff were a necessary treatment to restore her health so that they may qualify as "rehabilitation" under Insurance Law § 5102 (a) (1) (ii) (see, Hernandez v. Aetna Cas. Sur. Co., 146 Misc.2d 938, 941).


Summaries of

Egan v. Dawson

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 30, 1994
207 A.D.2d 1016 (N.Y. App. Div. 1994)
Case details for

Egan v. Dawson

Case Details

Full title:CLAUDIA P. EGAN et al., Respondents, v. DAVID W. DAWSON, Defendant, and…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 30, 1994

Citations

207 A.D.2d 1016 (N.Y. App. Div. 1994)
616 N.Y.S.2d 826