Metropolitan Diagnostic Med. Care, P.C. v. Erie Ins. Co. of N.Y.

Metropolitan Diagnostic Medical Care, P.C., as Assignee of Elan Wolkowitz, Respondent,

against

Erie Insurance Company of New York, Appellant.

Appeal from a judgment of the Civil Court of the City of New York, Kings County (Carolyn E. Wade, J.), entered August 5, 2014. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $1,839.34.

ORDERED that the judgment is affirmed, with $25 costs.

At a nonjury trial of this action by a provider to recover assigned first-party no-fault benefits, the sole issue was the medical necessity of the MRIs of plaintiff's assignor's cervical and…