Key Takeaway
Burns v Kaplan case analysis: psychotherapist sues patient for missed appointment fee, patient claims medical emergency defense in small claims court dispute.
Burns v Kaplan, 2012 NY Slip Op 50403(U)(App. Term 2d Dept. 2012)
“Plaintiff, a psychotherapist, brought this small claims action against defendant, his former patient, to recover for an unpaid psychotherapy session plus a late charge after defendant missed an appointment without giving him advance notice in accordance with the terms of the parties’ “Psychotherapy Treatment Agreement.” Defendant claimed that she was unable to give plaintiff advance notice due to a medical emergency. After a nonjury trial, the District Court found in favor of defendant and a judgment was entered dismissing the action.
...The District Court’s conclusion that defendant was unable to make her appointment because of an asthma attack turned on its determination regarding the credibility of the witnesses (see Williams, 269 AD2d 125). The District Court was aware of the relationship between the defense witness and defendant, and could take this relationship into account in assessing his testimony. With respect to plaintiff’s contention that certain medical documents pertaining to defendant were not admissible, we note that the small claims court is not strictly bound by the rules of evidence (UDCA 1804). As the record supports the District Court’s conclusion, we find no basis to disturb the judgment.
– Rumor has it that Dr. Howard Rombom, Psy.D. has a similar attendance policy as Dr. Michael Burns, Psy.D…
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Legal Update (February 2026): Since this 2012 post, New York’s no-fault regulations have undergone significant amendments, including updates to fee schedules, provider application requirements, and reimbursement procedures for psychological services. Practitioners should verify current provisions in 11 NYCRR 65 and recent Department of Financial Services guidance, as procedural requirements for no-fault psychological treatment may have changed.
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What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
