Samuel J. Roth, M. D., P. C. v. Amica Mutual Ins.

OPINION OF THE COURT

Rockwell D. Colaneri, J.

The plaintiff sues for $1,475.97 for services rendered to Nancy Fordon and on an assignment of first-party benefits under a no-fault auto policy with Arnica Mutual Insurance Company. At the trial of this case, the plaintiff agrees that $41.21 was an overbilling and the amount sued for is reduced to $1,434.76. Further, the cause of action against the patient *131for services rendered must be dismissed pursuant to Insurance Law § 5108 (c). The health provider is limited to the payments under Insurance Law § 5108 (a) and (b) when treating a no-fault…