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TAHIR v. PROGRESSIVE CAS INS

12 Misc.3d 657 (2006)

814 N.Y.S.2d 507

MUHAMMAD TAHIR, as Assignee of PAULETTE NOTICE, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant. MUHAMMAD TAHIR, as Assignee of ADAM OSTROVIAK, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendant.

Civil Court of the City of New York, New York County.

April 18, 2006.

Attorney(s) appearing for the Case

Werner, Zaroff, Slotnick, Stern & Ashkenazy, LLP, Lynbrook (Suzette Hyde of counsel), for plaintiffs.

Carman, Callahan & Ingham, LLP, New York City (Jason Tenenbaum of counsel), for defendants.

OPINION OF THE COURT

DIANE A. LEBEDEFF, J.

These two cases were consolidated for trial and center upon a no-fault health services provider's claim for compensation for charges for an electrical diagnostic test identified as current perception threshold testing, also known as sensory nerve conduction threshold testing. Contending that compensation must be denied for these no-fault claims, defendant advances two novel arguments: (1) the medical tests are not...

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