EXCEL SURGERY CENTER v. HERTZ CLAIM MANAGEMENT CORP (2017)

Supreme Court, Appellate Term, New York.

EXCEL SURGERY CENTER, L.L.C., as Assignee of Sylvester Leemow, Appellant, v. HERTZ CLAIM MANAGEMENT CORP., Respondent.

2016–751 S C

Decided: December 28, 2017

PRESENT: ANTHONY MARANO, P.J., JERRY GARGUILO, TERRY JANE RUDERMAN, JJ.

Gabriel & Shapiro, LLC (Steven F. Palumbo, Esq.), for appellant. Rubin, Fiorella & Friedman, LLP (Kevin J. Davis, Esq.), for respondent.

ORDERED that the order is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the District Court which granted defendant's motion for summary judgment dismissing the complaint on the ground that the services at issue were not medically necessary.

For the reasons stated in Excel Surgery Ctr., L.L.C., as Assignee of Sylvester Leemow v. Hertz Claim Mgt. Corp. (–––Misc 3d ––––, 2017 NY Slip Op –––– [appeal No. 2016–744 S C], decided herewith), the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.

MARANO, P.J., GARGUILO and RUDERMAN, JJ., concur.

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