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Hunt City Chiropractic, LLP v Chubb Indem. Ins. Co.
2013 NY Slip Op 51679(U) [41 Misc 3d 128(A)]
Decided on October 15, 2013
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 15, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570160/13.

Hunt City Chiropractic, LLP, a/a/o George Karavias, Plaintiff-Respondent,

against

Chubb Indemnity Insurance Company, Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered January 24, 2012, which denied its motion for summary judgment dismissing the complaint.


Per Curiam.

Order (Donald A. Miles, J.), entered January 24, 2012, affirmed, with $10 costs.

We agree that the conflicting medical expert opinions adduced by the parties sufficed to raise a triable issue as to the medical necessity of the chiropractic services underlying plaintiff's first-party no-fault claim.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 15, 2013