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FOREST MEDICINE v. ALLSTATE

No. CV-701679-12.

44 Misc.3d 476 (2014)

990 N.Y.S.2d 788

2014 NY Slip Op 24160

FOREST REHABILITATION MEDICINE PC, as Assignee of Tracy Fertitta, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.

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

Decided June 24, 2014.

Attorney(s) appearing for the Case

Cassandra & Gullo, PLLC, Brooklyn ( Dominick Gullo of counsel), for plaintiff.

Law Offices of James F. Sullivan, P.C., New York City ( Eric Wahrburg of counsel), for defendant.

OPINION OF THE COURT

THERESA M. CICCOTTO, J.

Plaintiff Forest Rehabilitation Medicine PC commenced the instant action against defendant insurance carrier to recover $3,490 in payment for the rendering of first-party no-fault medical benefit services to its assignor, Tracy Fertitta, pursuant to article 51 of the Insurance Law. The sole issue for this court's determination is the medical necessity of "Calmare pain therapy," also known as "scrambler therapy...

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