Great Wall Acupuncture, P.C. v General Assur. Co.

[*1] Great Wall Acupuncture, P.C. v General Assur. Co. 2008 NY Slip Op 51901(U) [21 Misc 3d 126(A)] Decided on September 19, 2008 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 September 19, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2008-93 Q C.

Great Wall Acupuncture, P.C. as assignee of NADINE MOORE, Appellant,

against

General Assurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered November 8, 2007. The order, insofar as appealed from as limited by the brief, (1) granted the branch of defendant's motion seeking to vacate the notice of trial, (2) upon granting the branch of defendant's motion seeking to compel plaintiff to respond to defendant's supplemental demand for discovery and inspection by affording defendant an opportunity to "rephrase[]" its supplemental demand for discovery and inspection and "serve[]" its supplemental demand for discovery and inspection upon plaintiff, directed plaintiff, within 30 days of receiving same, to respond thereto and to thereafter appear for a deposition upon oral examination, and (3) denied plaintiff's cross motion for an order sanctioning defendant and defendant's counsel.

Appeal from so much of the order as directed plaintiff to respond to defendant's supplemental demand for discovery and inspection, which defendant was to rephrase and serve upon plaintiff, dismissed as plaintiff is not aggrieved thereby.

Order, insofar as appealed from and reviewed, affirmed with $10 costs.

For the reasons stated in Great Wall Acupuncture, P.C. as assignee of April Outlaw, et al. v General Assur. Co. (___ Misc 3d ___, 2008 NY Slip Op ______ [No. 2008-74 Q C], decided herewith), the order, insofar as appealed from and reviewed, is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: September 19, 2008