3 Star Acupuncture, P.C. v Praetorian Ins. Co.

[*1] 3 Star Acupuncture, P.C. v Praetorian Ins. Co. 2012 NY Slip Op 51295(U) Decided on June 28, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 28, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., PESCE and ALIOTTA, JJ
2011-121 Q C.

3 Star Acupuncture, P.C. as Assignee of DUCE SILVERIO, Respondent,

against

Praetorian Ins. Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered October 14, 2010. The order, insofar as appealed from as limited by the brief, denied the branches of defendant's cross motion seeking summary judgment dismissing the sixth through tenth causes of action.

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, the Civil Court properly denied the branches of defendant's cross motion seeking summary judgment dismissing the sixth through tenth causes of action as there is a triable issue
of fact regarding the medical necessity of the acupuncture services at issue (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

Accordingly, the order, insofar as appealed from, is affirmed. Weston, J.P., Pesce and Aliotta, JJ., concur.[*2]
Decision Date: June 28, 2012