SLOAN DO v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK (2019)

Supreme Court, Appellate Term, New York,

Barry SLOAN, DO, a/a/o Daniel Mercado, Plaintiff-Respondent, v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

570075 /19

Decided: April 15, 2019

PRESENT: Shulman, P.J., Ling-Cohan, Edmead, JJ.

Order (Marian C. Doherty, J.), entered December 13, 2018, insofar as appealed from, affirmed, with $ 10 costs.

We agree with Civil Court that the conflicting medical expert opinions adduced by the parties sufficed to raise a triable issue as to the medical necessity of the physical therapy underlying plaintiff's claims (see Palisade Surgery Ctr. LLC v. Allstate Prop. & Cas. Ins. Co., 54 Misc 3d 129[A], 2016 NY Slip Op 51824[U] [App Term, 1st Dept 2016]; AP Diagnostic Med., P.C. v. Chubb Indem. Ins. Co., 41 Misc 3d 126[A], 2013 NY Slip Op 51647[U] [App Term, 1st Dept 2013]; Doctor Richard Med., P.C. v. Praetorian Ins. Co., 37 Misc 3d 128[A], 2012 NY Slip Op 51909[U] [App Term, 1st Dept 2012] ). Thus, the defendant's motion for summary judgment on the ground of lack of medical necessity was properly denied.

Per Curiam.

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