Family Care Acupuncture, P.C. v AutoOne Ins. Co.

[*1] Family Care Acupuncture, P.C. v AutoOne Ins. Co. 2009 NY Slip Op 51058(U) [23 Misc 3d 142(A)] Decided on May 29, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 29, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570509/08.

Family Care Acupuncture, P.C. a/a/o Boris Birman, Plaintiff-Respondent, - -

against

AutoOne Insurance Company, Defendant-Appellant.

Defendant, as limited by its briefs, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Lizbeth Gonzalez, J.), entered January 24, 2008, as denied its motion to compel discovery.

Per Curiam.

Order (Lizbeth Gonzalez, J.), entered January 24, 2008, insofar as appealed from, reversed, with $10 costs, and defendant's motion to compel discovery granted.

Defendant is entitled to discovery, including the deposition of plaintiff's alleged owner, as it pertains to its defense of fraudulent incorporation (see One Beacon Ins. Group, LLC v Midland Med. Care, P.C., 54 AD3d 738 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.