| Island Life Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. |
| 2017 NY Slip Op 51157(U) [57 Misc 3d 128(A)] |
| Decided on September 8, 2017 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Richard T. Lau & Associates (Martin Dolitsky, Esq.), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Ingrid Joseph, J.), entered June 24, 2014. The order granted defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is denied.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant's motion for summary judgment dismissing the complaint.
Plaintiff correctly argues that defendant's motion papers failed to establish, as a matter of law, that the fees that had been charged by plaintiff exceeded the amounts permitted by the workers' compensation fee schedule.
Accordingly, the order is reversed and defendant's motion for summary judgment dismissing the complaint is denied.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.