Five Boro Psychological Servs., P.C. v AutoOne Ins. Co.

[*1] Five Boro Psychological Servs., P.C. v AutoOne Ins. Co. 2010 NY Slip Op 50652(U) [27 Misc 3d 131(A)] Decided on April 9, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 9, 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
2009-414 K C.

Five Boro Psychological Services, P.C. as assignee of JOSE HERNANDEZ, Appellant,

against

AutoOne Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Marie Jimenez, J.), entered October 16, 2008. The order, insofar as appealed from, denied plaintiff's motion for summary judgment and granted defendant's cross motion seeking to dismiss the complaint for plaintiff's failure to comply with defendant's discovery demands, or to compel such discovery, to the extent of ordering plaintiff to comply with defendant's discovery demands with respect to plaintiff's corporate status and any other non-precluded issues.

ORDERED that the order, insofar as appealed from, is affirmed without costs.

For the reasons stated in Five Boro Psychological Services, P.C. a/a/o Clarence Osbourne v AutoOne Ins. Co. (___ Misc 3d ___, 2010 NY Slip Op _____ [Appeal No. 2009-292 K C], decided herewith), the order, insofar as appealed from, is affirmed.

Golia, J.P., Weston and Rios, JJ., concur.
Decision Date: April 09, 2010