PARK SLOPE MED. v. METLIFE

CV-03857-09/QU.

35 Misc.3d 686 (2012)

940 N.Y.S.2d 482

2012 NY Slip Op 22064

PARK SLOPE MEDICAL AND SURGICAL SUPPLY, INC., as Assignee of Jaime Espin-Pullas, Plaintiff, v. METLIFE AUTO & HOME, Defendant.

Civil Court of the City of New York, Queens County.

March 12, 2012.


Attorney(s) appearing for the Case

Law Offices of Emilia I. Rutigliano, Brooklyn ( Emilia Rutigliano of counsel), for plaintiff. Freiberg, Peck & Kang, LLP, Armonk ( Nada Ghusayni and Jason George of counsel), for defendant.


OPINION OF THE COURT

CHEREÉ A. BUGGS, J.

The matter herein, in which plaintiff sought to recover assigned first-party no-fault benefits, came on to be heard by the court on February 28, 2012.

By previous order on a motion for summary judgment, the issue of medical necessity was set forth for trial. The peer review report of Andrew Miller, M.D., which opined that there was a lack of medical necessity for the supplies which are the subject of...

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