Charles Deng Acupuncture, P.C. v ELRAC, Inc.

[*1] Charles Deng Acupuncture, P.C. v ELRAC, Inc. 2017 NY Slip Op 51150(U) Decided on September 8, 2017 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 8, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-1871 Q C

Charles Deng Acupuncture, P.C., as Assignee of Gomez, Sotera, Appellant,

against

ELRAC, Inc., Respondent.

The Rybak Firm, PLLC (Joseph D. DePalma, Esq.), for appellant. Carman, Callahan & Ingham, LLP (Jeffrey P. Saxon, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered July 1, 2014. The order, insofar as appealed from, granted the branches of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover for services billed under CPT codes 97810 and 97811.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

For the reasons stated in Charles Deng Acupuncture, P.C., as Assignee of Gomez, Sarae v ELRAC, Inc. (__ Misc 3d __, 2017 NY Slip Op ___ [appeal No. 2014-1869 Q C]), decided herewith), the order, insofar as appealed from, is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.

Paul Kenny
Chief Clerk
Decision Date: September 08, 2017