Is there a lack of medical necessity for the supplies provided?
The following excerpt is from XVV, Inc. v. N.Y. Cent. Mut. Fire Ins. Co., 17 N.Y.S.3d 386 (Table) (N.Y. App. Term 2015):
On this record, there is a triable issue of fact as to whether there was a lack of medical necessity for the supplies provided. Consequently, the branch of defendant's motion seeking summary judgment dismissing plaintiff's complaint on the ground of a lack of medical necessity was properly denied (see Zuckerman v. City of New York, 49 N.Y.2d 557 [1980] ).
Accordingly, the order, insofar as appealed from, is affirmed.
PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.
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