Nir v Allstate Ins. Co.

State: New York

Court: New York Northern District Court

Docket No: 2005 NY Slip Op 25090

Case Date: 02/28/2005

Plaintiff: Nir

Defendant: Allstate Ins. Co.

Preview:
Civil Court of the City of New York, Kings County, February 28, 2005
APPEARANCES OF COUNSEL
Israel, Israel & Purdy, LLP (Scott H. Fisher of counsel), for plaintiff. Robert P. Tusa (Josephine M. Celano of counsel), for defendant.
OPINION OF THE COURT
Milagros A. Matos, J.
Facts
Plaintiff medical provider Dr. Jacob Nir, assignee of Josapphat Etienne, instituted this action to recover first-party no-fault benefits from defendant insurer Allstate. Dr. Nir, a neurologist, was denied payment by the insurer for diagnostic testing he performed on the patient/insured Josapphat Etienne. The patient was injured in an automobile accident on January 15, 2004. On February 6, 2004, Dr. Nir examined the patient and conducted electromyography and nerve conduction velocity (EMG/NCV) tests that revealed nerve injury in the patient's lower back.
At the time the services were rendered, the patient Josapphat Etienne was insured under a no

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