Run of the mill medical necessity case

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Throgs Neck Multicare, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 51756(U)(App. Term 2d Dept. 2015)

The rebuttal affidavit was pretty poor.  Yet, I would note that except for the amount of paragraphs, the rebuttal was equally as deficient as that in another recent case.  In South Nassau , the Court found a triable issue of fact.  Here, the Court non-suited Plaintiff.  Sometimes, it really is a roll of the dice with how the Court’s will rule on particular deficient affidavits of merit.

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