HEALING ART ACUPUNCTURE v. GEICO INS CO (2020)

Supreme Court, Appellate Term, New York.

HEALING ART ACUPUNCTURE, P.C., as Assignee of Martinez, Mayvelin, Appellant, v. GEICO INS. CO., Respondent.

2018-2114 K C

Decided: November 06, 2020

PRESENT: THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ.

The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Goldstein, Flecker & Hopkins (Lawrence J. Chanice 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 moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint, arguing that it had properly used the workers' compensation fee schedule applicable to chiropractors who render the same services as acupuncturists to reimburse plaintiff for the acupuncture services plaintiff had rendered. The Civil Court denied plaintiff's motion and granted defendant's cross motion.

For the reasons stated in Flushing Traditional Acupuncture, P.C., as Assignee of Thomas, Latecia v. GEICO Ins. Co. (––– Misc 3d ––––, 2020 NY Slip Op –––– [appeal No. 2018-2154 K C], decided herewith), the order is affirmed.

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

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