Flushing Traditional Acupuncture, P.C. v. GEICO Ins. Co.

Flushing Traditional Acupuncture, P.C. v GEICO Ins. Co. (2020 NY Slip Op 51338(U)) [*1] Flushing Traditional Acupuncture, P.C. v GEICO Ins. Co. 2020 NY Slip Op 51338(U) [69 Misc 3d 140(A)] Decided on November 6, 2020 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on November 6, 2020 SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS PRESENT: : THOMAS P. ALIOTTA, P.J., DAVID ELLIOT, BERNICE D. SIEGAL, JJ 2018-2159 K C Flushing Traditional Acupuncture, P.C., as Assignee of John, Dave, Appellant, against GEICO Ins. Co., Respondent. The Rybak Firm, PLLC (Damin J. Toell of counsel), for appellant. Law Office of Goldstein, Flecker & Hopkins (Lawrence Chanice of counsel), for respondent. Appeal from an order of the Civil Court of the City of New York, Kings County (Odessa Kennedy, J.), entered September 12, 2018. The order, insofar as appealed from, denied the branches of plaintiff's motion seeking summary judgment upon so much of the complaint as sought to recover upon the unpaid portion of claims for services billed under CPT codes 97810 and 97811, and granted the branches of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portion of those claims. ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs. In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint, arguing that it had properly used the workers' compensation fee schedule applicable to chiropractors who render the same services as acupuncturists to reimburse plaintiff for the acupuncture services plaintiff had rendered. Insofar as is relevant to this appeal, the Civil Court denied the branches of plaintiff's motion seeking summary judgment upon so much of the complaint as sought to recover upon the unpaid portion of claims for services billed under CPT codes 97810 and 97811, and granted the branches of defendant's cross motion seeking summary judgment dismissing so much of the complaint as sought to recover upon the unpaid portion of those claims. For the reasons stated in Flushing Traditional Acupuncture, P.C., as Assignee of Thomas, Latecia v GEICO Ins. Co. (___ Misc 3d ___, 2020 NY Slip Op _____ [appeal No. 2018-2154 K [*2]C], decided herewith), the order, insofar as appealed from, is affirmed. ALIOTTA, P.J., ELLIOT and SIEGAL, JJ., concur. ENTER: Paul Kenny Chief Clerk Decision Date: November 6, 2020