Park Health Center v. Prudential Property & Casualty Ins. Co

In Park Health Center v. Prudential Property & Casualty Ins. Co. (2001 NY Slip Op 40650 [U]), after finding that the plaintiff made a prima facie showing in support of its motion for summary judgment, Appellate Term found that the insurer "sufficiently raised issues of fact as to the necessity of the medical services and treatment provided." (Id., at 2.) Moreover, "inasmuch as it is not alleged that defendant failed to timely deny the claims, defendant is not barred from asserting the defense that certain of the charges were not in conformity with the charges permissible under the Workers' Compensation schedules." (Id., at 3-4.)