Opinion
No. 570091/24
05-23-2024
Jamaica Chiropractic PT PLLC a/a/o Terrell Sides, Plaintiff-Appellant, v. MVAIC, Defendant-Respondent.
Unpublished Opinion
PRESENT: Brigantti, J.P., James, Perez, JJ.
PER CURIAM
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Shahabuddeen A. Ally, J.), entered May 5, 2023, which granted defendant's motion for summary judgment dismissing the complaint.
Order (Shahabuddeen A. Ally, J.), entered May 5, 2023, affirmed, with $10 costs.
Defendant insurer made a prima facie showing that it was entitled to summary judgment as a matter of law on its defense of lack of medical necessity. Defendant's proof, including the independent medical examination (IME) report of Dr. Fishman, an orthopedic surgeon, set forth a factual basis and medical rationale for the conclusion that the assignor's injuries were resolved and there was no need for further treatment (see e.g. Omega 18 Inc. v Global Liberty Ins. Co. of NY, 66 Misc.3d 147 [A], 2020 NY Slip Op 50235[U] [App Term, 1st Dept 2020]; Forest Drugs v Global Liberty Ins. Co. of NY, 61 Misc.3d 147 [A], 2018 NY Slip Op 51708[U] [App Term, 1st Dept 2018]).
Plaintiff's opposition, consisting of an attorney's affirmation and defendant's own IME report highlighted to show alleged inconsistencies, was unaccompanied by any medical evidence or other competent proof of medical necessity, and failed to raise a triable issue (see Omega 18 Inc. v Global Liberty Ins. Co. of NY, 66 Misc.3d 147 [A]; TC Acupuncture, P.C. v Tri-State Consumer Ins. Co., 52 Misc.3d 131 [A], 2016 NY Slip Op 50978[U] [App Term, 1st Dept 2016]).