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Pomona Med. Diagnostics v. Geico Ins. Co.

Appellate Term of the Supreme Court of New York, First Department
Feb 25, 2011
2011 N.Y. Slip Op. 50276 (N.Y. App. Term 2011)

Opinion

570687/10.

Decided February 25, 2011.

Defendant appeals, as limited by its brief, from those portions of an order of the Civil Court of the City of New York, Bronx County (Donald Miles, J.), dated November 24, 2009, which (1) granted plaintiff's motion for summary judgment in part, and (2) denied defendant's cross motion for summary judgment dismissing the complaint.

Order (Donald Miles, J.), dated November 24, 2009, insofar as appealed from, affirmed, without costs.

PRESENT: Schoenfeld, J.P., Shulman, Torres, JJ.


In opposition to plaintiff's prima facie showing of entitlement to judgment as a matter of law ( see Countrywide Ins. Co. v 563 Grand Med., P.C. , 50 AD3d 313 , 314; Central Nassau Diagnostic Imaging, P.C. v GEICO , 28 Misc 3d 34 , 36; Fair Price Med. Supply, Inc. v St. Paul Travelers Ins. Co. , 16 Misc 3d 8, 9), the report of defendant's peer review doctor, which relied on the assignor's medical records ( see Cross Cont. Med., P.C. v Allstate Ins. Co. , 13 Misc 3d 10 , 11; see also Urban Radiology, P.C. v Tri-State Consumer Ins. Co. , 27 Misc 3d 140 [A], 2010 NY Slip Op 50987[U]), raised a triable issue of fact as to whether the services provided by plaintiff were medically necessary ( see Krishna v Liberty Mut. Ins. Co. , 24 Misc 3d 128 [A], 2009 NY Slip Op 51312[U]). Contrary to defendant's contention, however, its "submissions did not conclusively establish as a matter of law its defense of lack of medical necessity," and its cross motion was properly denied ( A Plus Med., P.C. v Mercury Cas. Co. , 23 Misc 3d 136 [A], 2009 NY Slip Op 50824[U]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Pomona Med. Diagnostics v. Geico Ins. Co.

Appellate Term of the Supreme Court of New York, First Department
Feb 25, 2011
2011 N.Y. Slip Op. 50276 (N.Y. App. Term 2011)
Case details for

Pomona Med. Diagnostics v. Geico Ins. Co.

Case Details

Full title:POMONA MEDICAL DIAGNOSTICS, P.C. a/a/o MIJAMIN BELLE…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Feb 25, 2011

Citations

2011 N.Y. Slip Op. 50276 (N.Y. App. Term 2011)