RUMMEL G. MENDOZA, D.C., P.C., A/A/O MIRIAM LIBURD, AND L.N.L. PHYSICAL THERAPY REHABILITIATION A/A/O MIRIAM LIBURD, plf-res v. CHUBB INDEMNITY INSURANCE COMPANY, def-app

15-128. RUMMEL G. MENDOZA, D.C., P.C., A/A/O MIRIAM LIBURD, AND L.N.L. PHYSICAL THERAPY REHABILITIATION A/A/O MIRIAM LIBURD, plf-res v. CHUBB INDEMNITY INSURANCE COMPANY, def-app — Order (James E. d'Auguste, J.), entered March 4, 2014, insofar as appealed from, reversed, with $10 costs, motion granted and the no-fault claims of plaintiff L.N.L. Physical Therapy Rehabilitation in the amount of $2,220, dismissed. The defendantinsurer made a prima facie showing of entitlement to summary judgment dismissing the first-party no-fault claims of plaintiff L.N.L. Physical Therapy Rehabilitation ("plaintiff") in the aggregate sum of $2,220, by establishing that it timely denied the claims based on the independent medical examination (IME) report and follow-up report of its examining orthopedic doctor, which set forth a factual basis and medical rationale for her stated conclusion that the assignor's injuries were resolved and that there was no need for further physical therapy treatment. In opposition, plaintiff failed to raise a triable issue. The affidavit of plaintiff's treating physical therapist failed to meaningfully address the contrary findings made by defendant's examining doctor, including the normal results of the range of motion testing of the assignor's cervical and lumbar spine (see CPT Med. Servs., P.C. v. New York Cent. Mut. Fire Ins. Co., 18 Misc 3d 87 [1st Dept 2007]). Defendant's remaining arguments, raised for the first time in its reply brief, are not entitled to consideration (Mehmet v. Add2Net, Inc., 66 AD3d 437 [2009]).

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15-128. RUMMEL G. MENDOZA, D.C., P.C., A/A/O MIRIAM LIBURD, AND L.N.L. PHYSICAL THERAPY REHABILITIATION A/A/O MIRIAM LIBURD, plf-res v. CHUBB INDEMNITY INSURANCE COMPANY, def-app — Order (James E. d’Auguste, J.), entered March 4, 2014, insofar as appealed from, reversed, with $10 costs, motion granted and the no-fault claims of plaintiff L.N.L. Physical Therapy Rehabilitation in the amount of $2,220, dismissed. The defendantinsurer made a prima facie showing of entitlement to summary judgment dismissing the first-party no-fault claims of plaintiff L.N.L. Physical Therapy Rehabilitation (“plaintiff”) in the aggregate sum of $2,220, by establishing that it timely denied the claims based on the independent medical examination (IME) report and follow-up report of its examining orthopedic doctor, which set forth a factual basis and medical rationale for her stated conclusion that the assignor’s injuries were resolved and that there was no need for further physical therapy treatment. In opposition, plaintiff failed to raise a triable issue. The affidavit of plaintiff’s treating physical therapist failed to meaningfully address the contrary findings made by defendant’s examining doctor, including the normal results of the range of motion testing of the assignor’s cervical and lumbar spine (see CPT Med. Servs., P.C. v. New York Cent. Mut. Fire Ins. Co., 18 Misc 3d 87 [1st Dept 2007]). Defendant’s remaining arguments, raised for the first time in its reply brief, are not entitled to consideration (Mehmet v. Add2Net, Inc., 66 AD3d 437 [2009]).

RUMMEL G. MENDOZA, D.C., P.C., A/A/O MIRIAM LIBURD, AND L.N.L. PHYSICAL THERAPY REHABILITIATION A/A/O MIRIAM LIBURD, plf-res v. CHUBB INDEMNITY INSURANCE COMPANY, def-app

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