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GLOBAL LIBERTY INS. CO. OF N.Y. v. ACUPUNCTURE NOW, P.C.

10560. 28391/18E.

178 A.D.3d 512 (2019)

114 N.Y.S.3d 71

2019 NY Slip Op 08942

Global Liberty Insurance Co. of New York, Appellant, v. Acupuncture Now, P.C., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 12, 2019.

Attorney(s) appearing for the Case

The Law Office of Jason Tenenbaum, P.C., Garden City ( Talia Beard of counsel), for appellant.

The Rybak Firm, PLLC, Brooklyn ( Karina Barska of counsel), for respondents.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.

In this action, plaintiff no-fault insurers seek to resolve, as a matter of law, the question of the fee schedule applicable to reimbursement of licensed acupuncturists who provide services to eligible individuals injured in motor vehicle accidents. Under the Insurance Law, no-fault coverage for necessary medical expenses "shall not exceed the charges permissible under the schedules prepared and established by the chairman of the workers' compensation board for industrial...

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