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RADIOLOGY TODAY, P.C. v. GEICO INS. CO.

20 Misc.3d 70 (2008)

864 N.Y.S.2d 664

RADIOLOGY TODAY, P.C., as Assignee of LEV KEMEL, Respondent, v. GEICO INS. CO., Appellant.

Supreme Court, Appellate Term, Second Department.

July 8, 2008.

Attorney(s) appearing for the Case

Law Offices of Teresa M. Spina, Woodbury (Emilio A. Cacace of counsel), for appellant.

Ilona Finkelshteyn, Brooklyn, for respondent.

PESCE, P.J., WESTON PATTERSON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant opposed the motion, claiming, based upon two peer review reports, that the medical services provided were not medically necessary. In reply, plaintiff asserted that the peer review reports did not constitute...

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