Eden Med., P.C. v Progressive Cas. Ins. Co., 2008 NY Slip Op 51098(U) (App. Term, 2d)
Since defendant raised no issue in the court below or on appeal with respect to plaintiff’s establishment of its prima facie case, we do not pass on the propriety of the implicit determination of the court below with respect thereto.Turning to the merits of defendant’s cross motion for summary judgment, defendant established that it paid $182.18 towards plaintiff’s $3,247.19 claim and timely denied the balance on the ground that the services rendered were not medically necessary based on an affirmed peer review report. Since the peer review report submitted by defendant in support of its cross motion established prima facie that the services rendered by plaintiff were not medically necessary and [*2]plaintiff did not present any evidence refuting defendant’s prima facie showing, the court below properly granted defendant’s cross motion for summary judgment dismissing the complaint (see Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co., 18 Misc 3d 128[A], 2007 NY Slip Op 52455[U] [App Term, 2d & 11th Jud Dists 2007]; A Khodadadi Radiology, P.C. v NY Cent. Mut. Fire Ins. Co., 16 Misc 3d 131[A], 2007 NY Slip Op 51342[U] [App Term, 2d & 11th Jud Dists 2007]).
Complete Med. Svcs. of N.Y., P.C. v MVAIC, 2008 NY Slip Op 51119(U) (App. Term, 2d)
Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered February 8, 2007. The order granted plaintiff’s motion for summary judgment “to the extent [of] . . . determin[ing] that the affidavit of mailing of the claim forms establishes mailing of the forms to [defendant] insurer.”Appeal dismissed.
The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action on March 13, 2007 (see Matter of Aho, 39 NY2d 241 [1976]; Anderson v Anderson, ___ AD3d ___, 2008 NY Slip Op 02944 [2d Dept 2008]; Woodhaven Assoc., Inc. v Woodhaven Blvd. Rest., Inc., 46 AD3d 679 [2007]).
Nagle Med. Plaza, P.C. v Allstate Ins. Co., 2008 NY Slip Op 51122(U) (App. Term, 2d)
Appeal dismissed as academic.In this action by a provider to recover assigned first-party no-fault benefits, the court, in effect, denied plaintiff’s motion for summary judgment, finding that the requested relief was premature, and denied defendant’s cross motion for summary judgment. Plaintiff appealed from that part of the order which denied its motion for summary judgment.
Subsequent to the entry of the order appealed from, the Civil Court entered an order dated May 13, 2007 dismissing the action. The dismissal of the action rendered the instant appeal academic (see Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc 3d 33 [App Term, 2d & 11th Jud Dists 2006]). Accordingly, plaintiff’s appeal is dismissed.