OMEGA IMAGING v. STATE FARM


8 Misc.3d 715 (2005)

OMEGA DIAGNOSTIC IMAGING, P.C., as Assignee of WINSTON GLADSTONE, Plaintiff, v. STATE FARM MUTUAL AUTO INSURANCE CO., Defendant.

Civil Court of the City of New York, Kings County.

May 23, 2005.


Attorney(s) appearing for the Case

Israel, Israel & Purdy (W. Matthew Iler of counsel), for plaintiff.

Picciano & Scahill (Patrick Morale of counsel), for defendant.


OPINION OF THE COURT

EILEEN N. NADELSON, J.

This action arose pursuant to the provisions of New York's No-Fault Insurance Law.

Plaintiff submitted a claim to defendant insurer for first-party benefits for an MRI it performed on its assignor's knee pursuant to a prescription written by a chiropractor. Defendant timely denied the claim based on a peer review by a chiropractor, alleging that the MRI was not...

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