SOVERA MEDICAL SUPPLY CORP v. 21ST CENTURY INSURANCE COMPANY (2019)

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground, among others, that there was a lack of medical necessity for the supplies in question, and plaintiff cross-moved for summary judgment. The Civil Court granted defendant's motion and denied plaintiff's cross motion.

Contrary to plaintiff's contention, 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 opposition to defendant's motion, plaintiff submitted an affidavit from a doctor which failed to meaningfully refer to, let alone sufficiently rebut, the conclusions set forth in the peer review report (see Pan Chiropractic, P.C. v. Mercury Ins. Co., 24 Misc 3d 136[A], 2009 NY Slip Op. 51495[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009] ).

In light of the foregoing, we reach no other issue.

Accordingly, the order is affirmed.

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