Beaulieu v Jay Realty Corp.

Beaulieu v Jay Realty Corp. 2013 NY Slip Op 07680 Decided on November 19, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 19, 2013
Mazzarelli, J.P., Saxe, Moskowitz, DeGrasse, Gische, JJ.
11108N 307415/11

[*1]Michele Beaulieu, Plaintiff-Respondent,

v

Jay Realty Corporation, Defendant-Appellant.




Lester Schwab Katz & Dwyer, LLP, New York (Steven B.
Prystowsky of counsel), for appellant.
Wolf & Fuhrman, LLP, Bronx (Carole R. Moskowitz of
counsel), for respondent.

Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered April 26, 2013, which, to the extent appealed from as limited by the briefs, denied defendant's motion to compel plaintiff to provide authorizations for her medical, employment and insurance records, unanimously affirmed, without costs.

Having defaulted in this action, defendant is not entitled to pursue discovery in preparation for the inquest (Servais v Silk Nail Corp., 96 AD3d 546, 547 [1st Dept 2012]; Law Firm of Ravi Batra, P.C. v Rabinowich, 77 AD3d 532, 533 [1st Dept 2010]; Gray v Jaeger, 57 AD3d 303 [1st Dept 2008]; Yeboah v Gaines Serv. Leasing, 250 AD2d 453 [1st Dept 1998]).

We decline defendant's request to grant leave to the Court of Appeals.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 19, 2013

CLERK