QUALITY CUSTOM MEDICAL SUPPLY INC v. CITIWIDE AUTO LEASING INC (2018)

Supreme Court, Appellate Term, New York.

QUALITY CUSTOM MEDICAL SUPPLY, INC., as Assignee of Dion Hunte, Appellant, v. CITIWIDE AUTO LEASING, INC., Respondent.

2015–2739 K C

Decided: June 01, 2018

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

Gary Tsirelman, P.C. (Ilya Murafa of counsel), for appellant. Miller, Leiby & Associates, P.C. (Melissa M. Wolin of counsel), for respondent.

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 which granted defendant's motion for summary judgment dismissing the complaint on the ground of a lack of medical necessity.

Contrary to plaintiff's argument on appeal, the peer review report submitted by defendant sufficiently set forth a factual basis and medical rationale for the peer reviewer's determination that there was a lack of medical necessity for the supplies at issue in this case. Plaintiff failed to submit any medical evidence to rebut the conclusions set forth in the peer review report.

Accordingly, the order is affirmed.

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

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