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Pomona Med. Diagnostics, P.C. v Praetorian Ins. Co.
2013 NY Slip Op 52131(U) [42 Misc 3d 126(A)]
Decided on December 13, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on December 13, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Hunter, Jr., Torres, JJ
570567/13.

Pomona Medical Diagnostics, P.C. a/a/o Rafael Ramirez, Plaintiff-Respondent, - -

against

Praetorian Insurance Company, Defendant-Appellant.


Defendant, as limited by its brief, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered on or about July 19, 2012, as denied its motion for summary judgment dismissing the complaint.


Per Curiam.

Order (Donald A. Miles, J.), entered July 19, 2012, affirmed, with $10 costs.

We agree that the conflicting medical expert opinions adduced by the parties sufficed to raise a triable issue as to the medical necessity of the diagnostic tests underlying plaintiff's first-party no-fault claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 13, 2013