DOCTOR OF MEDICINE IN HOUSE, P.C v. ALLSTATE INS.

HUC 3210-11

41 Misc.3d 983 (2013)

975 N.Y.S.2d 591

2013 NY Slip Op 23357

DOCTOR OF MEDICINE IN THE HOUSE, P.C., as Assignee of Akil Bullen, Plaintiff, v. ALLSTATE INS. Co., Defendant.

District Court of Suffolk County, Third District.

Decided September 30, 2013.


Attorney(s) appearing for the Case

Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, Garden City ( Edward A. Cespedes of counsel), for plaintiff. Abrams, Cohen & Associates, New York City ( David P Turchi of counsel), for defendant.


OPINION OF THE COURT

C. STEPHEN HACKELING, J.

The above-captioned medical service provider plaintiff brings this action pursuant to the provisions of section 5106 of the Insurance Law to recover $1,876.76 of "no-fault" claim benefits after the defendant timely denied same upon the grounds that the claim was not "properly rated" and that the fees were in excess of the workers' compensation fee schedule.

The parties stipulated to a framed issue trial...

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