Opinion
No. 2013–994 Q C.
08-05-2015
NORTH BRONX MEDICAL HEALTH CARE as Assignee of JEnnifer Paredes, Respondent, v. PRAETORIAN INS. CO., Appellant.
Opinion
Appeal from an order of the Civil Court of the City of New York, Queens County (Barry A. Schwartz, J.), entered March 28, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with $25 costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which denied defendant's motion for summary judgment dismissing the complaint.
A review of the record reveals that there are triable issues of fact regarding defendant's defense of lack of medical necessity. Consequently, defendant's motion was properly denied (see Zuckerman v. City of New York, 49 N.Y.2d 557 1980 ).
Accordingly, the order is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.