DELTA DIAGNOSTIC RADIOLOGY, P.C. v. AMERICAN TRANSIT INSURANCE CO.


16 Misc.3d 10 (2007)

838 N.Y.S.2d 851

DELTA DIAGNOSTIC RADIOLOGY, P.C., as Assignee of VLADIMIR ANICHKIN, Appellant, v. AMERICAN TRANSIT INSURANCE CO., Respondent.

Supreme Court, Appellate Term, Second Department.

June 4, 2007.


Attorney(s) appearing for the Case

Alden Banniettis, Brooklyn (Jeff Henle of counsel), for appellant.

PESCE, P.J., GOLIA and RIOS, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, inter alia, on the ground that defendant's NF-10 denial of claim form, which alleged the lack of medical necessity, failed to assert sufficient facts and a medical rationale based thereon to set forth, with the requisite...

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