Civil Court of the City of New York, Kings County
Ksenia Pavlova, D.O. a/a/o Cosby Reavis, Plaintiff,
Allstate Insurance Company, Defendant.
Plaintiff: The Rybak Firm, PLLC
Defendant: Peter C. Merani, P.C.
P. COHEN ACTING JUSTICE, SUPREME COURT.
as required by CPLR §2219 (a), of the papers considered
in the review of this Motion
of Motion and Affidavits Annexed 1
to Show Cause and Affidavits Annexed
motion to reargue its motion for summary judgment is decided
In this action to recover assigned first-party no-fault
benefits, plaintiff submitted a claim form and invoice to
defendant for services rendered to Cosby Reavis on October 8,
2013. According to plaintiff's claim, these services
related to various codes promulgated under the Official New
York Workers' Compensation Medical Fee Schedule (the
"Fee Schedule"), including 20999, which is a
"By Report" Code. Defendant denied plaintiff's
claim in part because plaintiff did not bill its services in
accordance with the applicable fee schedule. Plaintiff filed
the instant action and both parties moved for summary
specific regard to plaintiff's motion to reargue, this
court denied plaintiff's motion for summary judgment with
respect to plaintiff's claim for payment under Code
20999. The court reasoned that, because Code 20999 is a
"By Report" code, plaintiff was required to submit
certain information about the services provided in order to
establish a proper billing rate as part of its prima facie
case. Plaintiff did not ...