RLC Med., P.C. v Allstate Ins. Co.

[*1] RLC Med., P.C. v Allstate Ins. Co. 2010 NY Slip Op 50643(U) [27 Misc 3d 130(A)] Decided on April 8, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 8, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., WESTON and RIOS, JJ
2009-286 K C.

RLC Medical, P.C. a/a/o EPIFANIO SURIEL, Respondent,

against

Allstate Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered August 11, 2008. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion to compel discovery.

ORDERED that order is reversed without costs, defendant's cross motion to compel plaintiff to provide discovery, including the production of Dr. Ronald Collins for a deposition, is granted, except for such matters as are palpably improper or privileged, and plaintiff's motion for summary judgment is denied.

For the reasons stated in RLC Med., P.C. a/a/o Roddel West v Allstate Ins. Co. ( Misc 3d , 2010 NY Slip Op [Appeal No. 2009-285 K C], decided herewith),
defendant's cross motion is granted to the extent indicated and plaintiff's motion for summary judgment is denied without prejudice to renewal upon completion of discovery.

Golia, J.P., Weston and Rios, JJ., concur.
Decision Date: April 08, 2010