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ADAPTIVE PERSONAL TOUCH, PT, PC, a/a/o Liam Roche, Plaintiff-Respondent, v. GLOBAL LIBERTY INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.
Order (Myrna Socorro, J.), entered February 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 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]; Sloan v. Global Liberty Ins. Co., 63 Misc 3d 138[A], 2019 NY Slip Op 50550[U] [App Term, 1st Dept 2019]). Thus, the defendant's cross 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.
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Docket No: 19-419
Decided: December 13, 2019
Court: Supreme Court, Appellate Term, New York,
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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