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COUNTY LINE PHARMACY, as Assignee of Clara Hunter, Respondent, v. GEICO INSURANCE COMPANY, Appellant.
ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and the branches of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover for medical supplies provided to plaintiff's assignor on January 6, 2011 and March 15, 2011 are granted.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied the branches of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover for medical supplies provided to plaintiff's assignor on January 6, 2011 and March 15, 2011. The Civil Court found that an issue of fact exists as to the medical necessity of the supplies at issue.
For the reasons stated in County Line Pharmacy as Assignee of Earline Vaughns v. GEICO Ins. Co. (––– Misc 3d ––––, 2018 NY Slip Op –––– [appeal No. 2015-53 Q C], decided herewith), the order, insofar as appealed from, is reversed, and the branches of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover for medical supplies provided to plaintiff's assignor on January 6, 2011 and March 15, 2011 are granted.
PESCE, P.J., WESTON and ALIOTTA, JJ., concur.
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Docket No: 2015-56 Q C
Decided: April 13, 2018
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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