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Flushing Traditional Acupuncture, P.C. v Auto Club Ins. Assn., AAA Mich.
2016 NY Slip Op 50615(U) [51 Misc 3d 140(A)]
Decided on April 11, 2016
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 11, 2016
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and SOLOMON, JJ.
2014-1262 K C

Flushing Traditional Acupuncture, P.C. as Assignee of HARRY BRENTON, Appellant,

against

Auto Club Insurance Association, AAA Michigan, Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Katherine A. Levine, J.), entered April 2, 2014. The order granted the branch of defendant's motion seeking summary judgment dismissing the complaint on the ground of lack of insurance coverage.

ORDERED that the order is reversed, without costs, the branch of defendant's motion seeking summary judgment dismissing the complaint on the ground of lack of insurance coverage is denied, and the matter is remitted to the Civil Court for a determination of the branch of defendant's motion seeking summary judgment dismissing the complaint on the ground of lack of medical necessity for the services rendered.

For the reasons stated in Flushing Traditional Acupuncture, P.C., as Assignee of Harry Brenton v Auto Club Ins. Assn., AAA Michigan ( Misc 3d , 2016 NY Slip Op [appeal No. 2014-1266 K C], decided herewith), the order is reversed, the branch of defendant's motion seeking summary judgment dismissing the complaint on the ground of lack of insurance coverage is denied, and the matter is remitted to the Civil Court for a determination of the branch of defendant's motion seeking summary judgment dismissing the complaint on the ground of lack of medical necessity for the services rendered.

Pesce, P.J., Weston and Solomon, JJ., concur.


Decision Date: April 11, 2016