CASE DISMISSED IN ABSENCE OF “COMPETENT PROOF”
After a chiropractic practice sued the Motor Vehicle Accident Indemnification Corporation (“MVAIC”) to recover no-fault related monies for services provided to a patient, the latter sought --via motion for summary judgment – the case’s dismissal. When that request was granted by the New York County Civil Court, an appeal ensued.
On its review, the Appellate Term, First Department, noted that the underlying record lacked sufficient proof of “medical necessity.”
Apparently, MVAIC offered evidence – via an independent medical examination conducted by an orthopedic surgeon – that the treatments were no longer required by the patient. But all the practice offered in response was an attorney’s affirmation and the same report – with inconsistencies in the surgeon’s conclusions highlighted. Since that opposition was not accompanied by “by any medical evidence or other competent proof of medical necessity," the AT1 left the dismissal undisturbed since no “triable issues of fact” had been presented.
Did that outcome strike you as necessary?
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DECISION
J.C. PT PLLC v MVAIC