Acupuncture Approach, P.C. v. Tri State Consumer Ins. Co.

Acupuncture Approach, P.C., a/a/o Berky Lugo, Plaintiff-Appellant,

against

Tri State Consumer Ins. Co., Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Andrea Masley, J.), entered June 27, 2013, which granted defendant's motion for summary judgment dismissing the complaint.

Order (Andrea Masley, J.), entered June 27, 2013, modified by reinstating plaintiff's claim for first-party no-fault benefits billed under CPT code 97039; as modified, order affirmed, with $10 costs.

Triable issues of fact are raised as to whether…