Elmont Open MRI & Diagnostic Radiology, P.C. v Clarendon Natl. Ins. Co., 2010 NY Slip Op 52061(U)(App. Term 2d Dept. 2010)
Dynamic Med. Imaging, P.C. v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 52062(U)(App. Term 2d Dept. 2010)
I know the above heading looks like some secret code that is necessary to enter a gambling hall. But it is important to understand that a plaintiff will almost always succumb to a defendant’s medical necessity motion, at both divisions of the Appellate Term, Second Department, when that plaintiff fails to answer a medical necessity motion with a proper affidavit of merit.
As such, I would look at each unrebutted motion for summary judgment based upon the lack of medical necessity of a particular service that you might have lost in District Nassau and file a Notice of Appeal. As long as your mailing is in place, I suspect the respective orders of the District Court will be reversed.
