Bonsai Med. Acupuncture, P.C. v Chubb Group of Ins.

[*1] Bonsai Med. Acupuncture, P.C. v Chubb Group of Ins. 2009 NY Slip Op 50430(U) [22 Misc 3d 140(A)] Decided on March 13, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 13, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570510/08.

Bonsai Medical Acupuncture, P.C., a/a/o Igor Volotovsky, Plaintiff-Respondent, - -

against

Chubb Group of Insurance, Defendant-Appellant.

Defendant, as limited by the briefs, appeals from so much of an order of the Civil Court, Bronx County (Fernando Tapia, J.), entered February 5, 2008, as denied its cross motion to compel discovery.

Per Curiam.

Order (Fernando Tapia, J.), entered February 5, 2008, insofar as appealed from, reversed, with $10 costs, and defendant's cross motion to compel discovery granted.

Defendant is entitled to discovery, including the deposition of Dr. Dipak Nandi, as relevant to its defenses that plaintiff is fraudulently incorporated (see One Beacon Ins. Group, LLC v Midland Medical Care, P.C., 54 AD3d 738 [2008]) and that the acupuncture services were provided by an independent contractor (see Statewide Med. Acupuncture, P.C. v Travelers Ins. Co., 12 Misc 3d 146[A], 2008 NY Slip Op 51515[U] [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: March 13, 2009