SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS Appellate Term, Second Department
November 4, 2011
EXCELLASSIST MEDICAL, P.C. AS ASSIGNEE OF NATASHA TOOMER,
CLARENDON NATIONAL INS. CO.,
Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered November 5, 2009.
Excellassist Med., P.C. v Clarendon Natl. Ins. Co.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 4, 2011
PRESENT: PESCE, P.J., WESTON and RIOS, JJ
The order granted defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order granting defendant's motion for summary judgment dismissing the complaint. Contrary to plaintiff's sole contention on appeal, defendant's peer review report was sufficient to establish defendant's entitlement to summary judgment on the ground of lack of medical necessity (see Urban Radiology, P.C. v Tri-State Consumer Ins. Co., 27 Misc 3d 140[A], 2010 NY Slip Op 50987[U] [App Term, 2d, 11th & 13th Jud Dists 2010]).
Accordingly, the order is affirmed.
Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: November 04, 2011
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