S.J. PAHNG, M.D., P.C. v. PROGRESSIVE NORTHEASTERN INS. CO.

2007-756 Q C.

2008 NY Slip Op 51537 (U)

S.J. PAHNG, M.D., P.C. A/A/O SSANG GUK JUNG, Appellant, v. PROGRESSIVE NORTHEASTERN INSURANCE COMPANY, Respondent.

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

Decided July 10, 2008.


In this action by a provider to recover assigned first-party no-fault benefits, the sole issue at trial was the medical necessity of nerve testing of the assignor's upper and lower extremities. Before trial, the parties stipulated that plaintiff proved its prima facie case, that defendant timely and properly denied the claims and that the claims for certain diagnostic testing were in dispute and had not been paid. The trial court entered into evidence the claim forms, denial...

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