SK MED v. NEW YORK CENT MUT


12 Misc.3d 686 (2006)

818 N.Y.S.2d 430

SK MEDICAL SERVICES, P.C., as Assignee of MALKHAZ GVALADZE and Others, Plaintiff, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Defendant.

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

June 9, 2006.


Attorney(s) appearing for the Case

Sanders, Grossman, Fass & Muhlstock P.C., Mineola, for plaintiff.

Bruno, Gerbino & Soriano LLP, Melville, for defendant.


OPINION OF THE COURT

PETER P. SWEENEY, J.

In this action to recover assigned first-party no-fault benefits, the issue presented is whether the testimony of the peer expert called by defendant at trial to establish its defense of lack of medical necessity should have been precluded on the ground that he did not prepare the peer review reports upon which defendant relied in denying the claims. The court holds...

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