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Pollenex Servs., Inc. v. Geico Gen. Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2, 11 and 13 Judicial Dist.
May 29, 2014
44 Misc. 3d 126 (N.Y. App. Div. 2014)

Opinion

No. 2012–655 K C.

2014-05-29

POLLENEX SERVICES, INC. as Assignee of Flora Holmes, Appellant, v. GEICO GENERAL INSURANCE COMPANY, Respondent.




Appeal from an order of the Civil Court of the City of New York, Kings County (Pamela L. Fisher, J.), entered January 31, 2012. The order, insofar as appealed from as limited by the brief, granted defendant's cross motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is reversed, with $30 costs, and defendant's cross motion for summary judgment dismissing the complaint is denied.

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 on the ground that it had timely and properly denied the claim at issue based on a lack of medical necessity. Plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as granted defendant's cross motion for summary judgment dismissing the complaint.

Upon a review of the record, we find that there is a triable issue of fact regarding the medical necessity of the services at issue. Accordingly, the order, insofar as appealed from, is reversed and defendant's cross motion for summary judgment dismissing the complaint is denied. We decline plaintiff's request to limit the issues for trial ( see CPLR 3212[g] ).


Summaries of

Pollenex Servs., Inc. v. Geico Gen. Ins. Co.

Supreme Court, Appellate Term, Second Dept., 2, 11 and 13 Judicial Dist.
May 29, 2014
44 Misc. 3d 126 (N.Y. App. Div. 2014)
Case details for

Pollenex Servs., Inc. v. Geico Gen. Ins. Co.

Case Details

Full title:POLLENEX SERVICES, INC. as Assignee of Flora Holmes, Appellant, v. GEICO…

Court:Supreme Court, Appellate Term, Second Dept., 2, 11 and 13 Judicial Dist.

Date published: May 29, 2014

Citations

44 Misc. 3d 126 (N.Y. App. Div. 2014)
997 N.Y.S.2d 100
2014 N.Y. Slip Op. 50953