UGP ACUPUNCTURE v. GEICO INS CO (2022)

Supreme Court, Appellate Term, New York,

UGP ACUPUNCTURE, P.C., as Assignee of Lyons, Nadine, Appellant, v. GEICO INS. CO., Respondent.

2021-169 K C

Decided: June 17, 2022

PRESENT: THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, WAVNY TOUSSAINT, JJ.

The Rybak Firm, PLLC (Damin J. Toell and Richard Rozhik of counsel), for appellant. Law Office of Goldstein, Flecker & Hopkins (Lawrence J. Chanice of counsel), for respondent.

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

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as granted the branch of defendant's motion seeking summary judgment dismissing so much of the complaint as sought to recover on plaintiff's claims for services billed using CPT codes 97810 and 97811 on the ground that defendant had paid these claims in accordance with the workers’ compensation fee schedule for acupuncture services performed by chiropractors, and denied the branch of plaintiff's cross motion seeking summary judgment.

For the reasons stated in Mind & Body Acupuncture, P.C., as Assignee of Wilson, Bernadette v State Farm Mut. Auto. Ins. Co. (––– Misc 3d ––––, 2022 NY Slip Op –––– [appeal No. 2019-1418 K C], decided herewith), the order, insofar as appealed from, is affirmed.

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

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