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Sung Bok Lee, L.Ac. As Assignee of Miriam Kassin v. Metropolitan Property and Casualty Ins. Co

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


January 26, 2011

SUNG BOK LEE, L.AC. AS ASSIGNEE OF MIRIAM KASSIN,
APPELLANT,
v.
METROPOLITAN PROPERTY AND CASUALTY INS. CO.,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered July 17, 2009, deemed from a judgment of the same court entered August 18, 2009 (see CPLR 5501 [c]).

Sung Bok Lee v Metropolitan Prop. & Cas. Ins. Co.

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 26, 2011

PRESENT: STEINHARDT, J.P., PESCE and WESTON, JJ

The judgment, entered pursuant to the July 17, 2009 order granting defendant's motion for summary judgment, dismissed the complaint.

ORDERED that the judgment is affirmed, without costs.

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 it had properly reimbursed plaintiff for services rendered by its licensed acupuncturist to plaintiff's assignor. Plaintiff opposed the motion. The Civil Court granted defendant's motion and dismissed the complaint. This appeal by plaintiff ensued. A judgment was subsequently entered, from which the appeal is deemed to be taken (see CPLR 5501 [c]).

It was proper for defendant to use the workers' compensation fee schedule for acupuncture services performed by chiropractors to determine the amount which plaintiff was entitled to receive for services rendered by a licensed acupuncturist (see AVA Acupuncture, P.C. v GEICO Gen. Ins. Co., 17 Misc 3d 41 [App Term, 2d & 11th Jud Dists 2007]; Great Wall Acupuncture v GEICO Gen. Ins. Co., 16 Misc 3d 23 [App Term, 2d & 11th Jud Dists 2007]). As defendant's motion for summary judgment dismissing the complaint was properly granted, the judgment is affirmed.

Steinhardt, J.P., Pesce and Weston, JJ., concur.

Decision Date: January 26, 2011

20110126

© 1992-2011 VersusLaw Inc.



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