Five Boro Psychological Servs., P.C. v GEICO Gen. Ins. Co., 2012 NY Slip Op 51013(U)(App. Term 2d Dept. 2012)
“In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order as denied its motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint. The Civil Court found that defendant had established that it had timely denied the subject claims on the ground that the services at issue were not medically necessary, and that plaintiff had failed to rebut defendant’s evidence. A judgment was subsequently entered, from which this appeal is deemed to have been taken
Contrary to plaintiff’s argument on appeal, defendant was not required to annex to its motion papers copies of the medical records which were reviewed by defendant’s peer reviewer”
You always knows that when Mr. Five Boro appears, something bad will happen to the plaintiff’s bar.
3 Responses
Why can’t plaintiff’s counsel finally get it: in the 2nd Department an insurer does not have to attach copies of the medical records reviewd by the peer doctor when making a motion for summary judgment. How many times does the Court have to say the same thing.
Mr. Five Boro plays by his own rules. He is a rogue character, who lurks in the night, caring about nobody except his extant claim. He will stop at nothing to collect, even if it means clearing out a forest, a city or all of his compatriots. My friends, Mr. Five Boro knows no boundaries.
“He is a rogue character, who lurks in the night…” JT have you considered entering the annual NYLJ writing contest? Watch out Stephen King!