|All Is. Med. Care, P.C. v State Farm Mut. Auto. Ins. Co.|
|2011 NY Slip Op 52227(U) [33 Misc 3d 142(A)]|
|Decided on December 8, 2011|
|Appellate Term, Second Department|
|Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.|
|This opinion is uncorrected and will not be published in the printed Official Reports.|
Appeal from a decision of the District Court of Nassau County, First District (Michael A.
Ciaffa, J.), dated January 29, 2009, deemed from a judgment of the same court entered April 19,
2010 (see CPLR 5520 [c]). The judgment, after a nonjury trial, dismissed the complaint.
ORDERED that the judgment is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, the parties stipulated that the only issue for trial would be whether the services rendered to plaintiff's assignor on December 23, 1999 were medically necessary. After a nonjury trial, the District Court issued a decision awarding judgment in defendant's favor. Plaintiff appeals from this decision. A judgment was subsequently entered, from which we deem the appeal to have been taken (see CPLR 5520 [c]).
At trial, defendant's doctor testified that, in his opinion, the medical services provided by plaintiff were not medically necessary. His peer review report concluding that there was a lack of medical necessity was also entered into evidence. This evidence was sufficient to establish that the services rendered were not medically necessary. Plaintiff called no witnesses in rebuttal. [*2]In view of the foregoing, the judgment dismissing the complaint is affirmed (see Speciality Surgical Servs. v Travelers Ins. Co., 27 Misc 3d 134[A], 2010 NY Slip Op 50715[U] [App Term, 9th & 10th Jud Dists 2010]).
Molia, J.P., Tanenbaum and LaCava, JJ., concur.
Decision Date: December 08, 2011