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Raz Acupuncture, P.C. As Assignee of Natalia Agudelo and Maria Salazar, Appellant v. Nationwide Mutual Ins. Co.

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS


May 11, 2012

RAZ ACUPUNCTURE, P.C. AS ASSIGNEE OF NATALIA AGUDELO AND MARIA SALAZAR, APPELLANT, --
v.
NATIONWIDE MUTUAL INS. CO., RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered October 23, 2009.

Raz Acupuncture, P.C. v Nationwide Mut. Ins. Co.

Decided on May 11, 2012

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: PESCE, P.J., RIOS and ALIOTTA, JJ

The order, insofar as appealed from as limited by the brief, granted the branches of defendant's motion seeking summary judgment dismissing the complaint as to services rendered to Natalia Agudelo from September 11, 2006 to November 16, 2006 and as to services rendered to Maria Salazar from November 11, 2006 to November 15, 2006.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, the Civil Court granted the branches of defendant's motion seeking summary judgment dismissing the complaint as to services rendered to Natalia Agudelo from September 11, 2006 to November 16, 2006 and as to services rendered to Maria Salazar from November 11, 2006 to November 15, 2006, implicitly finding that defendant had timely denied these claims based upon the workers' compensation fee schedule.

Plaintiff's argument that defendant failed to demonstrate that it had fully paid plaintiff for the acupuncture services at issue in accordance with the workers' compensation fee schedule lacks merit. Plaintiff's remaining contention is, as plaintiff concedes, based upon material that is dehors the record, and will not be considered.

Accordingly, the order, insofar as appealed from, is affirmed.

Pesce, P.J., Rios and Aliotta, JJ., concur.

Decision Date: May 11, 2012

20120511

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