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EASY CARE ACUPUNCTURE, PC, A/A/O CECILIA MURRAY, plf-app, v. 21ST CENTURY INDEMNITY INS. CO., def-res

15-418. EASY CARE ACUPUNCTURE, PC, A/A/O CECILIA MURRAY, plf-app, v. 21ST CENTURY INDEMNITY INS. CO., def-res — Order (Jennifer G. Schecter, J.), entered July 16, 2013, 2013, affirmed with $10 costs.

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15-418. EASY CARE ACUPUNCTURE, PC, A/A/O CECILIA MURRAY, plf-app, v. 21ST CENTURY INDEMNITY INS. CO., def-res — Order (Jennifer G. Schecter, J.), entered July 16, 2013, 2013, affirmed with $10 costs.

We sustain the grant of defendantinsurer’s motion for summary judgment dismissing this first-party, no-fault action, albeit for reasons other than those stated by Civil Court. Our review of the record reveals that defendant made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that it timely and properly denied plaintiff’s no-fault claims on the ground that the fees charged by plaintiff for the acupuncture services rendered to its assignor exceeded the amount permitted by the applicable worker’s compensation fee schedule (see Akita Med. Acupuncture, P.C. v. Clarendon Ins. Co., 41 Misc 3d 134[A], 2013 NY Slip Op 51860[U][App Term, 1st Dept 2013]; Great Wall Acupuncture v. Geico Ins. Co., 26 Misc 3d 23 [App Term, 2d, 11th & 13th Jud Dists 2009]).

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