Opinion
No. 2012–2477 K C.
03-12-2015
METROPOLITAN DIAGNOSTIC MEDICAL CARE, P.C. as Assignee of Tareshe Allison, Appellant, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.
Opinion
ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint.
We agree with plaintiff's contention on appeal that the physician's affirmation submitted by plaintiff in opposition to defendant's motion was sufficient to demonstrate the existence of a triable issue of fact as to whether the services provided were medically necessary. Consequently, defendant's motion should have been denied (see Zuckerman v. City of New York, 49 N.Y.2d 557 [1980] ). We decline plaintiff's request to limit the issues for trial (see CPLR 3212[g] ).
Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.