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A-QUALITY MED. SUPPLY v. GEICO GENERAL INS. Co.

2011-2326 K C.

39 Misc.3d 24 (2013)

964 N.Y.S.2d 399

2013 NY Slip Op 23088

A-QUALITY MEDICAL SUPPLY, as Assignee of Jason Diggs, Respondent, v. GEICO GENERAL INS. Co., Appellant.

Supreme Court, Appellate Term, Second Department.

March 18, 2013.

Attorney(s) appearing for the Case

Law Offices of Teresa M. Spina, Woodbury ( Lawrence J. Chanice of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn ( Irena Golodkeyer of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for further proceedings consistent herewith.

In this action by a provider to recover assigned first-party no-fault benefits, a nonjury trial was held solely with respect to defendant's defense of lack of medical necessity. Defendant's witness identified the peer review reports at issue, all but one of which he had...

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