Sharma Med. Servs., P.C. v Progressive Cas. Ins. Co.
Annotate this CaseDecided on July 20, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., RIOS and STEINHARDT, JJ
2008-675 K C.
Sharma Medical Services, P.C. as assignee of GANESH CHANDERAT, JACINTHA CHANDLER, ALEXEI CHOUPROUTA, CARMEN FERNANDEZ, DAVID GELLERSTEIN, DAVID GIL, CECIL GILBERT and MARIA SIMON, Respondent,
against
Progressive Casualty Insurance Company, Appellant.
Appeal from an order of the Civil Court of the City of New York, Kings County (Aaron D.
Bernstein, J.H.O.), entered September 10, 2007. The order, insofar as appealed from as limited
by the brief, failed to compel plaintiff to produce its owner, Perumunda K. Sharma, for a
deposition.
Appeal dismissed.
As limited by its brief, defendant appeals from so much of an order of the Civil Court entered September 10, 2007 as failed to compel plaintiff to produce its owner, Perumunda K. Sharma, for a deposition. However, defendant is not aggrieved by the order, insofar as appealed from, since defendant's motion did not seek such relief and the order did not deny such relief or even address this issue. As defendant is not aggrieved (see CPLR 5511), the appeal is dismissed.
Weston, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: July 20, 2009
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