East Coast Acupuncture Servs., P.C. v American Tr. Ins. Co.

[*1] East Coast Acupuncture Servs., P.C. v American Tr. Ins. Co. 2007 NY Slip Op 50213(U) [14 Misc 3d 135(A)] Decided on February 8, 2007 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 8, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
570443/06.

East Coast Acupuncture Services, P.C.,a/a/o Ali Ahmed, Plaintiff-Appellant, - -

against

American Transit Insurance Company, Defendant-Respondent.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Eileen Rakower, J.), dated August 15, 2005, which denied its motion for summary judgment.

PER CURIAM:

Order (Eileen Rakower, J.), dated August 15, 2005, modified to grant plaintiff partial summary judgment on its claims in the sums of $1,796.18 and $340; and as so modified, affirmed, without costs.

The peer review report relied upon by defendant in denying plaintiff's $1,796.18 and $340 first party no-fault claims did not set forth an adequate factual basis and medical rationale for the reviewer's determinations, and thus, was insufficient to defeat plaintiff's prima facie showing of entitlement to summary judgment (see Park Neurological Servs. P.C. v GEICO Ins., 4 Misc 3d 95 [2004]).

With respect to plaintiff's $765 claim, the independent medical examination (IME) report of defendant's neurologist was sufficient to raise an issue of fact as to the medical necessity of the acupuncture treatments billed for in connection with this claim.

This constitutes the decision and order of the court.
I concurI concurI concur

Decision Date: February 08, 2007