Raz Acupuncture, P.C. v Geico Gen. Ins. Co.

[*1] Raz Acupuncture, P.C. v Geico Gen. Ins. Co. 2012 NY Slip Op 51716(U) Decided on August 31, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 31, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2011-384 K C.

Raz Acupuncture, P.C. as Assignee of HECTOR CORDOVA, Appellant,

against

GEICO General Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered March 23, 2010. The order, insofar as appealed from as limited by the brief, granted the branches of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover for services rendered from February 23, 2005 to May 4, 2005.

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, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as granted the branches of defendant's motion seeking summary judgment dismissing the complaint insofar as it sought to recover for services rendered from February 23, 2005 to May 4, 2005, finding that defendant had timely denied those claims based upon the workers' compensation fee schedule.

We find plaintiff's argument on appeal—that defendant failed to demonstrate that it had fully paid plaintiff for the acupuncture services at issue in accordance with the workers' compensation fee schedule—to be without merit. Plaintiff's remaining contention is, as plaintiff concedes, based upon material that is dehors the record.

Accordingly, the order, insofar as appealed from, is affirmed. [*2]

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: August 31, 2012