DRD MEDICAL PC v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK (2020)

Order (Marian C. Doherty, J.), entered May 7, 2019, insofar as appealed from, affirmed, with $10 costs.

We agree with Civil Court that the conflicting medical opinions adduced by the parties sufficed to raise a triable issue as to the medical necessity of the physical therapy treatments underlying plaintiff's claims (see Adaptive Personal Touch, PT, PC v Global Liberty Ins. Co. of NY, 65 Misc 3d 159[A], 2019 NY Slip Op 52008[U] [App. Term, 1st Dept 2019]; True Health Pharm., Inc. v Global Liberty Ins. Co. of NY, 64 Misc 3d 128[A], 2019 NY Slip Op 51004[U] [App Term, 1st Dept 2019]). Thus, the defendant's motion for summary judgment on the ground of lack of medical necessity was properly denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.