Park Health Center Rockaway Boulevard Medical P.C. v. State Wide Ins. Co

In Park Health Center Rockaway Boulevard Medical P.C. v. State Wide Ins. Co. (2003 NY Slip Op 50921[U][App Term, 2d and 11th Jud Dists]), plaintiff moved for summary judgment, and "the record indicated that at least one of the claims may have been denied after the 30-day period had expired" (id., at 2). But defendant had established triable issues of fact as to medical necessity with respect to the claims, and "inasmuch as it cannot be determined from plaintiff's moving papers when the particular claims were submitted and thus which were untimely denied, the court properly denied plaintiff's motion in its entirety." (See id.)