Best Med. Care, PC v Utica Mut. Ins. Co.
Annotate this CaseDecided on January 31, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
570368/06.
Best Medical Care, PC, a/a/o Roberto Santana, Plaintiff-Respondent, - -
against
Utica Mutual Insurance Company, Defendant-Appellant.
Defendant, as limited by the briefs, appeals from so much of an order of the Civil Court of the City of New York, New York County (Eileen Rakower, J.), dated May 3, 2006, as denied its motion to compel plaintiff to appear for an examination before trial.
PER CURIAM:
Order (Eileen Rakower, J.), dated January 3, 2006, affirmed, with $10 costs.
Defendant's motion to compel plaintiff to appear for an examination before trial was properly denied, as there is no showing on the record that plaintiff's deposition would be "material and necessary" (see CPLR
3101[a]) to its fraud defense.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: January 31, 2007
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.