PRECIOUS ACUPUNCTURE CARE v. GEICO GENERAL INSURANCE COMPANY (2018)

Supreme Court, Appellate Term, New York.

PRECIOUS ACUPUNCTURE CARE, P.C., as Assignee of Ana Tejada, Respondent, v. GEICO GENERAL INSURANCE COMPANY, Appellant.

2015–2383 K C

Decided: June 01, 2018

PRESENT: MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ.

Law Office of Goldstein & Flecker (Lawrence J. Chanice of counsel), for appellant. Law Offices of Emilia I. Rutigliano, P.C., for respondent (no brief filed).

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, defendant appeals from so much of an order of the Civil Court as denied the branch of defendant's cross motion which had sought summary judgment dismissing the fourth cause of action based upon a lack of medical necessity.

Upon a review of the record, we agree with the Civil Court's determination that there is a triable issue of fact regarding the medical necessity of the services at issue (see Zuckerman v. City of New York, 49 NY2d 557 [1980] ).

Accordingly, the order, insofar as appealed from, is affirmed.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

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