Opinion
2009-83 Q C.
Decided March 31, 2010.
Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered November 28, 2008. The order granted defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed without costs.
PRESENT: RIOS, J.P., PESCE and STEINHARDT, JJ.
In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that the professional health services provided lacked medical necessity. Plaintiff opposed the motion. The Civil Court granted defendant's motion and the instant appeal ensued.
Defendant made a prima facie showing of its entitlement to summary judgment by establishing the timely mailing of the claim denial form ( see Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins. , 17 Misc 3d 16 [App Term, 2d 11th Jud Dists 2007]) and by submitting a sworn peer review report of its psychologist, which set forth a factual basis and medical rationale for his opinion that the professional health services at issue were not medically necessary ( see Pan Chiropractic, P.C. v Mercury Ins. Co. , 24 Misc 3d 136[A], 2009 NY Slip Op 51495[U] [App Term, 2d, 11th 13th Jud Dists 2009]). In opposition to the motion, plaintiff failed to raise a triable issue of fact, as the psychologist's affirmation submitted by plaintiff did not meaningfully refer to, let alone rebut, the conclusions set forth in the peer review report ( id.; see also Innovative Chiropractic, P.C. v Mercury Ins. Co. , 25 Misc 3d 137 [A], 2009 NY Slip Op 52321[U] [App Term, 2d, 11th 13th Jud Dists 2009]).
Accordingly, defendant's motion for summary judgment dismissing the complaint was properly granted.
Rios, J.P., Pesce and Steinhardt, JJ., concur.