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FLUSHING PC v. AUTO CLUB INS.

2014-1266 K C

51 Misc.3d 70 (2016)

31 N.Y.S.3d 739

2016 NY Slip Op 26125

FLUSHING TRADITIONAL ACUPUNCTURE, P.C., as Assignee of Harry Brenton, Appellant, v. AUTO CLUB INSURANCE ASSOCIATION, AAA MICHIGAN, Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided April 11, 2016.

Attorney(s) appearing for the Case

The Rybak Firm, PLLC, Brooklyn ( Damin J. Toell of counsel), for appellant.

Conway, Farrell, Curtin & Kelly P.C., New York City ( Jonathan T. Uejio of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is reversed, without costs, the branch of defendant's motion seeking summary judgment dismissing the complaint on the ground of lack of insurance coverage is denied, and the matter is remitted to the Civil Court for a determination of the branch of defendant's motion seeking summary judgment dismissing the complaint on the ground of lack of medical necessity for the services rendered.

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