CPT MEDICAL SERVICES v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO.


18 Misc.3d 87 (2007)

852 N.Y.S.2d 573

CPT MEDICAL SERVICES, P.C., as Assignee of JASON KING, Respondent, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE CO., Appellant.

Supreme Court, Appellate Term, First Department.

December 19, 2007.


Attorney(s) appearing for the Case

Short & Billy, P.C., New York City (Ioanna Olivia Zevgaras of counsel), for appellant.

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

McKEON, J.P., McCOOE and DAVIS, JJ.


OPINION OF THE COURT

Per Curiam.

Order, dated June 16, 2006, reversed, with $10 costs, defendant's motion for summary judgment granted, and complaint dismissed. The clerk is directed to enter judgment accordingly.

Defendant demonstrated prima facie entitlement to judgment by submitting competent medical evidence, including a peer reviewer's affidavit incorporating by reference the findings set forth...

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