Quality Custom Med. Supply, Inc. v. Citiwide Auto Leasing, Inc.

Full title: Quality Custom Medical Supply, Inc., as Assignee of Dion Hunte, Appellant…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

Date published: Jun 1, 2018

59 Misc. 3d 150 (N.Y. App. Term 2018)

2018 N.Y. Slip Op. 50836

108 N.Y.S.3d 662

Opinion

2015–2739 K C

06-01-2018

QUALITY CUSTOM MEDICAL SUPPLY, INC., as Assignee of Dion Hunte, Appellant, v. CITIWIDE AUTO LEASING, INC., Respondent.

Gary Tsirelman, P.C. (Ilya Murafa of counsel), for appellant. Miller, Leiby & Associates, P.C. (Melissa M. Wolin of counsel), for respondent.

Gary Tsirelman, P.C. (Ilya Murafa of counsel), for appellant.

Miller, Leiby & Associates, P.C. (Melissa M. Wolin of counsel), for respondent.

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ

ORDERED that the order is affirmed, with $25 costs.

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 on the ground of a lack of medical necessity.

Contrary to plaintiff's argument on appeal, the peer review report submitted by defendant sufficiently set forth a factual basis and medical rationale for the peer reviewer's determination that there was a lack of medical necessity for the supplies at issue in this case. Plaintiff failed to submit any medical evidence to rebut the conclusions set forth in the peer review report.

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.