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Flushing Traditional Acupuncture, P.C. v Geico Ins. Co.
2013 NY Slip Op 51537(U) [40 Misc 3d 142(A)]
Decided on September 13, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on September 13, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
.

Flushing Traditional Acupuncture, P.C. as Assignee of YAITZA CORDERO, Appellant, —

against

Geico Ins. Co., Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered June 8, 2011. The order denied plaintiff's motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint.


ORDERED that the order is modified by providing that the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover the sum of $53.61 for an "initial evaluation," which was billed under code 99202, is denied; as so modified, the order is affirmed, without costs.

For the reasons stated in Flushing Traditional Acupuncture, P.C. as Assignee of Vyacheslav Ovrutsky v GEICO Ins. Co. (___ Misc 3d ___, 2013 NY Slip Op _____ [Appeal No. 2011-2023 K C], decided herewith), the order is modified by providing that the branch of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover the sum of $53.61 for an "initial evaluation," which was billed under code 99202, is denied.

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: September 13, 2013