| Mount Vernon Hosp. v Brennan |
| 2008 NY Slip Op 52358(U) [21 Misc 3d 140(A)] |
| Decided on November 19, 2008 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the City Court of Mount Vernon, Westchester County (William
Edwards, J.), entered March 14, 2006, deemed from a judgment of said court entered April 11,
2007 (see CPLR 5512 [a]; Neuman v Otto, 114 AD2d 791 [1985]). The judgment, entered
pursuant to the March 14, 2006 order granting plaintiff's motion for summary judgment, awarded
plaintiff the principal sum of $6,356.26.
Judgment affirmed without costs.
Plaintiff commenced the instant suit to recover the balance of $6,356.26 due for medical services rendered to defendant. The complaint also asserted a cause of action for an account stated. Plaintiff moved for summary judgment on the cause of action for services rendered. Defendant argued that the services rendered were unnecessary and that plaintiff was attempting to perpetrate a fraud upon Medicaid.
The performance of services by plaintiff, and defendant's acceptance of same, gave rise to an inference that an implied contract to pay for the reasonable value of such services existed (see Shapira v United Med. Serv., 15 NY2d 200 [1965]; Crouse Irving Hosp. v City of Syracuse, 283 App Div 394 [1954], affd 308 NY 944 [1955]). Furthermore, plaintiff established that the charges for the services rendered were fair and reasonable (see Huntington Hosp. v Abrandt, 4 Misc 3d 1 [App Term, 9th & 10th Jud Dists 2004]). Defendant's self-serving, conclusory statements that the services rendered were unnecessary and that plaintiff was committing a fraud against Medicaid by rendering said services are insufficient to raise a triable issue of fact to defeat the motion for summary judgment (Fashion Ribbon Co., Inc. v Carnival Creations, 5 Misc 3d 137[A], 2004 NY Slip Op 51564[U] [App Term, 2d & 11th Jud Dists 2004]). Defendant failed to proffer competent expert medical proof sufficient to establish the existence of a material issue of fact that the medical services were not necessary (see generally Viacom Intl. v Midtown [*2]Realty Co., 193 AD2d 45, 55 [1993]).
We note that defendant's contention concerning a lack of personal jurisdiction was waived (CPLR 3211 [e]).
Accordingly, the judgment is affirmed.
Rudolph, P.J., McCabe and Scheinkman, JJ., concur.
Decision Date: November 19, 2008