Opinion
No. 570261/15.
09-29-2015
PREMIER HEALTH CHOICE, a/a/o Jessica Calderon, Plaintiff–Respondent, v. PRAETORIAN INSURANCE COMPANY, Defendant–Appellant.
Opinion
PER CURIAM.
Order (Gerald Lebovits, J.) entered January 18, 2012, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.
Defendant made a prima facie showing of entitlement to summary judgment dismissing plaintiff's no-fault claims for physical therapy treatment rendered to plaintiff's assignor, by submitting the independent medical examination [IME] reports of its examining orthopedic doctor and neurologist which set forth a sufficient factual basis and medical rationale for the conclusion that the assignor's injuries were resolved and that there was no need for further physical therapy treatment. In opposition, the unsworn doctor's report submitted with plaintiff's attorney's affirmation was without probative value (see Grasso v. Angerami, 79 N.Y.2d 813 1991; Premier Health Choice Chiropractic, P.C. v. Praetorian Ins. Co., 41 Misc.3d 133[A], 2013 N.Y. Slip Op 51802[U][App Term, 1st Dept] ), and insufficient to raise a triable issue (see CPT Med. Servs., P.C. v. New York Cent. Mut. Fire Ins. Co., 18 Misc.3d 87 [App Term, 1st Dept 2007] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.