SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS Appellate Term, Second Department
December 8, 2011
ALL ISLAND MEDICAL CARE, P.C. AS ASSIGNEE OF PAULINA GONZALEZ,
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
Appeal from a decision of the District Court of Nassau County, First District (Michael A. Ciaffa, J.), dated January 29, 2009, deemed from a judgment of the same court entered April 19, 2010 (see CPLR 5520 [c]). The judgment, after a non-jury trial, dismissed the complaint.
All Is. Med. Care, P.C. v State Farm Mut. Auto. 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 8, 2011
PRESENT: MOLIA, J.P., TANENBAUM and LaCAVA, JJ
ORDERED that the judgment is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, the parties stipulated that the only issue for trial would be whether the services rendered to plaintiff's assignor on December 23, 1999 were medically necessary. After a non-jury trial, the District Court issued a decision awarding judgment in defendant's favor. Plaintiff appeals from this decision. A judgment was subsequently entered, from which we deem the appeal to have been taken (see CPLR 5520 [c]).
At trial, defendant's doctor testified that, in his opinion, the medical services provided by plaintiff were not medically necessary. His peer review report concluding that there was a lack of medical necessity was also entered into evidence. This evidence was sufficient to establish that the services rendered were not medically necessary. Plaintiff called no witnesses in rebuttal. In view of the foregoing, the judgment dismissing the complaint is affirmed (see Specialty Surgical Servs. v Travelers Ins. Co., 27 Misc 3d 134[A], 2010 NY Slip Op 50715[U] [App Term, 9th & 10th Jud Dists 2010]).
Molia, J.P., Tanenbaum and LaCava, JJ., concur.
Decision Date: December 08, 2011
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