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HEALTHY WAY ACUPUNCTURE, P.C., A/A/O SAMUEL VAZQUEZ, plf-app, v. AMICA MUTUAL INS. COMPANY, def-res

15-384. HEALTHY WAY ACUPUNCTURE, P.C., A/A/O SAMUEL VAZQUEZ, plf-app, v. AMICA MUTUAL INS. COMPANY, def-res — Order (Alexander M. Tisch, J.), dated January 7, 2015, affirmed, with $10 costs.

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15-384. HEALTHY WAY ACUPUNCTURE, P.C., A/A/O SAMUEL VAZQUEZ, plf-app, v. AMICA MUTUAL INS. COMPANY, def-res — Order (Alexander M. Tisch, J.), dated January 7, 2015, affirmed, with $10 costs.

The affidavits and other documentary evidence submitted by defendant in support of its motion for summary judgment established, prima facie, that it timely denied (see St. Vincent’s Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008]) plaintiff’s claim for assigned first-party no-fault benefits on the ground that the fees plaintiff charged for the acupuncture services rendered to its assignor exceeded the amount permitted by the worker’s compensation fee schedule (see Akita Med. Acupuncture, P.C. v. Clarendon Ins. Co., 41 Misc 3d 134[A], 2013 NY Slip Op 51860[U][App Term, 1st Dept [2013]; Great Wall Acupuncture, P.C. v. Geico Ins. Co., 26 Misc 3d 23 [App Term, 2d Dept 2009]). The mistake contained in the notary’s jurat (as to the year) was properly disregarded, since no substantial right of a party was affected (see CPLR 2001).

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