Cliffside Park Imaging & Diagnostic v Travelers Ins. Co.

[*1] Cliffside Park Imaging & Diagnostic v Travelers Ins. Co. 2015 NY Slip Op 51489(U) Decided on October 8, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 8, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
&em;

Cliffside Park Imaging & Diagnostic Estabine, 570351/15 Plaintiff-Appellant, -

against

Travelers Ins. Co. Defendant-Respondent.

Plaintiff, as limited by its brief, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Joseph E. Capella, J.), entered March 19, 2014, as granted defendant's motion for partial summary judgment.

Per Curiam.

Order (Joseph E. Capella, J.), entered March 19, 2014, insofar as appealed from, affirmed, with $10 costs.

We sustain the grant of defendant's motion for partial summary judgment. Inasmuch as the health services underlying plaintiff's no-fault claim were rendered in New Jersey, defendant may properly rely upon the New Jersey fee schedule to establish the "prevailing fee" within the meaning of 11 NYCRR 68.6 (see Surgicare Surgical Associates v National Interstate Ins. Co., appeal numbered 15-175, decided herewith). Plaintiff's objections to the sufficiency of defendant's proof pertaining to the calculation of the fees under the New Jersey fee schedule are premature, inasmuch as Civil Court made no determination as to the amount reimbursable under that fee schedule. We have considered and rejected plaintiff's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: October 08, 2015