Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co.

[*1] Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co. 2007 NY Slip Op 51250(U) [16 Misc 3d 127(A)] Decided on June 21, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
570093/07.

Continental Medical Acupuncture Services, P.C.,a/a/o Keith McKenna, Plaintiff-Respondent,

against

Travelers Insurance Company, Defendant-Appellant.

Defendant, as limited by the briefs, appeals from so much of an order of the Civil Court, Bronx County (Julia I. Rodriguez J.), dated October 6, 2005, as denied its motion to compel discovery and, sua sponte, granted plaintiff a protective order.

Per Curiam.

Order (Julia I. Rodriguez J.), dated October 6, 2005, insofar as appealed from, reversed, with $10 costs, and defendant's motion to compel discovery granted.

Defendant is entitled to discovery pertaining to its defense of fraudulent incorporation (see Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co. (13 Misc 3d 132[A], 2006 NY Slip Op 51890 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: June 21, 2007