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MATTER OF ACUHEALTH ACUPUNCTURE, P.C. v. NEW YORK CITY TRANSIT AUTHORITY

2016-04266. Index No. 9533/15.

167 A.D.3d 869 (2018)

90 N.Y.S.3d 314

2018 NY Slip Op 08641

In the Matter of Acuhealth Acupuncture, P.C., as Assignee of Lancy Estremera, Appellant, v. New York City Transit Authority, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 19, 2018.

Ordered that the order is affirmed, with costs.

The petitioner commenced a no-fault arbitration proceeding seeking to recover $1,831.24 from the respondent for acupuncture treatments provided to its assignor between July 7, 2010, and January 19, 2011, following a motor vehicle accident on April 3, 2010. Following a no-fault arbitration hearing held on October 21, 2014, the arbitrator denied the petitioner's claim in its entirety, finding that the respondent had established...

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