Legal Opinion
Complete Medical Care Services of NY, P.C. v. State Farm Mutual Automobile Insurance
Civil Court of the City of New York
Decided August 22, 2008Published
1Opinion of the Court
*437OPINION OF THE COURT
William A. Viscovich, J.
In this matter, which appears to be a case of first impression, plaintiff provider brought the within action to recover payment under no-fault for medical services, namely, electromyogram testing and nerve conduction velocity testing (hereafter EMG and NCV testing, respectively) performed for Vanessa Garcia, its assignor. At trial, the parties stipulated to the sufficiency of plaintiffs prima facie case and agreed that the only issue for this court to determine is whether defendant could demonstrate that the tests were not medically necessary.
Defenda…
2Cases cited8 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Thermographic Diagnostics, Inc. v. Allstate InsuranceSupreme Court of New Jersey · 1991
- Presbyterian Hospital in City of New York v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Pavone v. Aetna Casualty & Surety Co.New York Supreme Court · 1977
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