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

2007-576 RIC.

2008 NY Slip Op 28259

RADIOLOGY TODAY, P.C. A/A/O LEV KEMEL, Respondent, v. GEICO INS. CO., Appellant.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 8, 2008.


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 evidence in admissible form since they were not properly affirmed, as the doctors' signatures were affixed by stamp. Insofar as is relevant...

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