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HEALTHY WAY ACUPUNCTURE, P.C., A/A/O LEONAR SIERRA, plf-res, v. CLARENDON NATIONAL INS. CO., def-app

16-413. HEALTHY WAY ACUPUNCTURE, P.C., A/A/O LEONAR SIERRA, plf-res, v. CLARENDON NATIONAL INS. CO., def-app — Order (Debra Rose Samuels, J.), entered February 27, 2015, insofar as appealed from, affirmed, with $10 costs.

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16-413. HEALTHY WAY ACUPUNCTURE, P.C., A/A/O LEONAR SIERRA, plf-res, v. CLARENDON NATIONAL INS. CO., def-app — Order (Debra Rose Samuels, J.), entered February 27, 2015, insofar as appealed from, affirmed, with $10 costs.

This action, seeking recovery of assigned first-party no-fault benefits, is not ripe for summary disposition. The proof submitted by defendant was insufficient to establish, prima facie, that the amounts charged by plaintiff for the services rendered exceeded the rates set forth in the workers’ compensation fee schedule (see Devonshire Surgical Facility, LLC v. Allstate Ins. Co., 38 Misc 3d 127[A], 2012 NY Slip Op 52351[U] [App Term, 1st Dept 2012]; Doctor Richard Med., P.C. v. Praetorian Ins. Co., 37 Misc 3d 128[A], 2012 NY Slip Op 51909[U] [App Term, 1st Dept 2012]; MIA Acupuncture, P.C. v. Praetorian Ins. Co., 35 Misc 3d 69 [2011]).

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