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Flushing Traditional Acupuncture, P.C. v. Geico Ins. Co.

Supreme Court of New York, Second Department

September 13, 2013

Flushing Traditional Acupuncture, P.C. as Assignee of YAITZA CORDERO, Appellant,
v.
Geico Ins. Co., Respondent.

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

Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered June 8, 2011. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover the sum of $53.61 for an "initial evaluation, " which was billed under code 99202, is denied; as so modified, the order is affirmed, without costs.

For the reasons stated in Flushing Traditional Acupuncture, P.C. as Assignee of Vyacheslav Ovrutsky v GEICO Ins. Co. (__Misc.3d __, 2013 NY Slip Op__ [Appeal No. 2011-2023 K C], decided herewith), the order is modified by providing that the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover the sum of $53.61 for an "initial evaluation, " which was billed under code 99202, is denied.

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


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