URBAN WELL ACUPUNCTURE, P.C., A/A/O ZUNILDA PEREZ, plf-res, v. ERIE INSURANCE COMPANY OF NEW YORK, def-app

16-214. URBAN WELL ACUPUNCTURE, P.C., A/A/O ZUNILDA PEREZ, plf-res, v. ERIE INSURANCE COMPANY OF NEW YORK, def-app — Order (Paul A. Goetz, J.), entered March 12, 2015, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

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16-214. URBAN WELL ACUPUNCTURE, P.C., A/A/O ZUNILDA PEREZ, plf-res, v. ERIE INSURANCE COMPANY OF NEW YORK, def-app — Order (Paul A. Goetz, J.), entered March 12, 2015, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

The affidavits and other documentary evidence submitted by defendant established, prima facie, that it timely denied (see St. Vincent’s Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008]) plaintiff’s no-fault claims on the ground that the fees plaintiff charged for the acupuncture services it rendered to the assignor exceeded the amount permitted by the 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, P.C. v. Geico Ins. Co., 26 Misc 3d 23 [App Term, 2d Dept. 2009]). In opposition, plaintiff failed to raise a triable issue as to the efficacy of defendant’s mailing of the denial or the calculation of the fee pertaining to these claims. Therefore, defendant’s motion for summary judgment dismissing the claim — which sought the difference between the amount charged for the services and payments made to plaintiff pursuant to the fee schedule — should have been granted.

URBAN WELL ACUPUNCTURE, P.C., A/A/O ZUNILDA PEREZ, plf-res, v. ERIE INSURANCE COMPANY OF NEW YORK, def-app

16-214. URBAN WELL ACUPUNCTURE, P.C., A/A/O ZUNILDA PEREZ, plf-res, v. ERIE INSURANCE COMPANY OF NEW YORK, def-app — Order (Paul A. Goetz, J.), entered March 12, 2015, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

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