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AMHERST MEDICAL SUPPLY, LLC, A/A/O DARLENE VINSON-SIMS, pl-res, v. A. CENTRAL INSURANCE COMPANY, def-app

13-320. AMHERST MEDICAL SUPPLY, LLC, A/A/O DARLENE VINSON-SIMS, pl-res, v. A. CENTRAL INSURANCE COMPANY, def-app — Order (Joseph E. Capella, J.), entered May 31, 2013, insofar as appealed from, affirmed, with $10 costs.

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13-320. AMHERST MEDICAL SUPPLY, LLC, A/A/O DARLENE VINSON-SIMS, pl-res, v. A. CENTRAL INSURANCE COMPANY, def-app — Order (Joseph E. Capella, J.), entered May 31, 2013, insofar as appealed from, affirmed, with $10 costs.

We sustain the denial of defendantinsurer’s motion for summary judgment dismissing this action to recover assigned first-party no-fault benefits. The peer review report and accompanying affidavit submitted by defendant’s chiropractor failed to set forth a factual basis or medical rationale for his stated conclusion that the medical supplies here at issue were not medically necessary. The peer reviewer’s bald assertion that “I do not find the need for…durable medical goods,” was insufficient to meet defendant’s prima facie burden of eliminating all triable issues as to medical necessity. In any event, plaintiff’s submission of an affidavit prepared by the assignor’s treating chiropractor, specifying the assignor’s medical conditions and describing the intended benefits of each of the medical supplies prescribed, was sufficient to raise a triable issue as to medical necessity (see generally Lee v. McQueens, 60 AD3d 914 [2009]).

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