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LANCER ACUPUNCTURE, P.C., A/A/O ALEKSANDR MUZIS, plf-app, v. AMICA MUTUAL INS. CO., def-res

15-423. LANCER ACUPUNCTURE, P.C., A/A/O ALEKSANDR MUZIS, plf-app, v. AMICA MUTUAL INS. CO., def-res — Order (Gerald Lebovits, J.), entered April 16, 2015, modified by reinstating plaintiff's claim for firstparty no-fault benefits billed under CPT code 99302; as modified, order affirmed, with $10 costs.

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15-423. LANCER ACUPUNCTURE, P.C., A/A/O ALEKSANDR MUZIS, plf-app, v. AMICA MUTUAL INS. CO., def-res — Order (Gerald Lebovits, J.), entered April 16, 2015, modified by reinstating plaintiff’s claim for firstparty no-fault benefits billed under CPT code 99302; as modified, order affirmed, with $10 costs.

Defendant’s documentary submissions failed to eliminate all triable issues as to whether it properly denied plaintiff’s no-fault claim for $54.74, billed under CPT code 99203 (initial evaluation), thus precluding summary judgment dismissing this claim (see Easy Care Acupuncture, P.C. v. Nationwide Gen. Ins. Co., 50 Misc 3d 127[A], 2015 NY Slip Op 51849[U] [App Term, 1st Dept. 2015]).

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