| Vladimir Zlatnick, M.D., P.C. v Travelers Indem. Co. |
| 2006 NY Slip Op 50963(U) [12 Misc 3d 128(A)] |
| Decided on May 22, 2006 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Civil Court, Bronx County (Raul Cruz, J.), entered July 6, 2005, after a nonjury trial, in favor of plaintiff in the sum of $2,573.17.
PER CURIAM:
Judgment (Raul Cruz, J.), entered July 6, 2005, affirmed, with $25 costs.
The evidence, fairly considered, supports the trial court's determination that the tests underlying this first party no-fault benefits action were medically necessary. Even assuming, without deciding, that a peer review report may suffice, without more, to establish a prima facie showing of lack of medical necessity, the report relied upon by defendant, conclusory in nature and lacking a detailed basis and medical rationale for the denial of benefits, was clearly insufficient to sustain defendant's evidentiary burden. In any event, the fully credited testimony of plaintiff's neurological expert was sufficient to support plaintiff's burden of persuasion on the issue.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: May 22, 2006