SUFFICIENT CHIROPRACTIC CARE v. GLOBAL LIBERTY INSURANCE COMPANY (2021)

Supreme Court, Appellate Term, New York,

SUFFICIENT CHIROPRACTIC CARE, P.C., as Assignee of Linda Bryant-Williams, Appellant, v. GLOBAL LIBERTY INSURANCE COMPANY, Respondent.

2020-107 K C

Decided: May 28, 2021

PRESENT: WAVNY TOUSSAINT, J.P., MICHELLE WESTON, DAVID ELLIOT, JJ.

Law Office of Melissa Betancourt, P.C. (Melissa Betancourt and Jasmine Koo of counsel), for appellant. Law Office of Jason Tenenbaum, P.C. (Jason Tenenbaum of counsel), for respondent (no brief filed).

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court entered October 17, 2019 granting defendant's motion for summary judgment dismissing the complaint.

Contrary to plaintiff's sole contention on appeal, the affidavit submitted by plaintiff in opposition to defendant's motion was insufficient to rebut defendant's prima facie showing that there was a lack of medical necessity for the services at issue (see Delta Diagnostic Radiology, P.C. v Integon Natl. Ins. Co., 24 Misc 3d 136[A], 2009 NY Slip Op 51502[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009]; Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co., 18 Misc 3d 128[A], 2007 NY Slip Op 52455[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2007]; A. Khodadadi Radiology, P.C. v NY Cent. Mut. Fire Ins. Co., 16 Misc 3d 131[A], 2007 NY Slip Op 51342[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2007]).

Accordingly, the order is affirmed.

TOUSSAINT, J.P., WESTON and ELLIOT, JJ., concur.

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