Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Raz Acupuncture, P.C. As Assignee of Hector Cordova, Appellant v. Geico General Ins. Co.

August 31, 2012

RAZ ACUPUNCTURE, P.C. AS ASSIGNEE OF HECTOR CORDOVA, APPELLANT, --
v.
GEICO GENERAL INS. CO., RESPONDENT.



Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered March 23, 2010.

Raz Acupuncture, P.C. v Geico Gen. 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 31, 2012

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 so much of the complaint as sought to recover for services rendered from February 23, 2005 to May 4, 2005.

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, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as granted the branches of defendant's motion seeking summary judgment dismissing the complaint insofar as it sought to recover for services rendered from February 23, 2005 to May 4, 2005, finding that defendant had timely denied those claims based upon the workers' compensation fee schedule.

We find plaintiff's argument on appeal--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--to be without merit. Plaintiff's remaining contention is, as plaintiff concedes, based upon material that is dehors the record.

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

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

Decision Date: August ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.