A Plus Med., P.C. v Mercury Cas. Co.
Annotate this CaseDecided on April 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570671/08.
A Plus Medical, P.C. a/a/o John James, Plaintiff-Respondent, - -
against
Mercury Casualty Company, Defendant-Appellant.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County
(Ben R. Barbato, J.), entered August 8, 2008, which denied its motion for summary judgment
dismissing the complaint.
Per Curiam.
Order (Ben R. Barbato, J.), entered August 8, 2008, affirmed, with $10 costs.
We sustain the denial of defendant's motion for summary judgment dismissal of the complaint in this no-fault first party benefits case, since defendant's submissions did not conclusively establish as a matter of law its defense of lack of medical necessity.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.