Excellassist Med. P.C. v. Clarendon Nat'l Ins. Co.

Full title: Excellassist Medical, P.C. as Assignee of NATASHA TOOMER, Appellant, v…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Nov 4, 2011

2011 N.Y. Slip Op. 52071 (N.Y. App. Term 2011)

Opinion

2010-1069 K C

11-04-2011

Excellassist Medical, P.C. as Assignee of NATASHA TOOMER, Appellant, v. Clarendon National Ins. Co., Respondent.

PESCE

PRESENT: : , P.J., WESTON and RIOS, JJ

Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered November 5, 2009. The order granted defendant's motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order granting defendant's motion for summary judgment dismissing the complaint. Contrary to plaintiff's sole contention on appeal, defendant's peer review report was sufficient to establish defendant's entitlement to summary judgment on the ground of lack of medical necessity (see Urban Radiology, P.C. v Tri-State Consumer Ins. Co., 27 Misc 3d 140[A], 2010 NY Slip Op 50987[U] [App Term, 2d, 11th & 13th Jud Dists 2010]).

Accordingly, the order is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.