Neomy Med., P.C. v Geico Ins. Co., 2012 NY Slip Op 50145(U)(App. Term 2d Dept. 2012)
“In opposition to defendant’s cross motion, plaintiff submitted an affidavit of its doctor which sufficiently demonstrated the existence of a question of fact as to medical necessity (see Quality Psychological Servs., P.C. v Mercury Ins. Group, 27 Misc 3d 129[A], 2010 NY Slip Op 50601[U] [App Term, 2d, 11th & 13th Jud Dists 2010]”
I seem to recall losing Quality the opposing evidence was a boiler plate “letter of medical necessity.”
