CROSS CONT. MED. v. ALLSTATE INS. CO.


13 Misc.3d 10 (2006)

822 N.Y.S.2d 356

CROSS CONTINENTAL MEDICAL, P.C., as Assignee of SOCRATES RODRIGUEZ and Others, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, First Department.

August 15, 2006.


Attorney(s) appearing for the Case

McDonnell & Adels, P.C., Garden City (Martha S. Henley of counsel), for appellant.

Baker, Barshay & Neuwirth, LLP, Mineola (Michael C. Rosenberger of counsel), for respondent.

DAVIS, J.P., GANGEL-JACOB and SCHOENFELD, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order entered March 18, 2005, reversed, with $10 costs, and the matter remanded for a new trial.

In this action to recover assigned first-party no-fault benefits, the parties stipulated to defendant's receipt of plaintiff's no-fault bills, the issuance of a timely denial by defendant, and that the sole defense was the lack of medical necessity for diagnostic computerized...

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