Medical Polis, P.C. v Progressive Direct Ins. Co.

[*1] Medical Polis, P.C. v Progressive Direct Ins. Co. 2012 NY Slip Op 50866(U) Decided on May 11, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 11, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2010-1726 Q C.

Medical Polis, P.C. as Assignee of CABA SANDY, Appellant,

against

Progressive Direct Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered April 22, 2010. The order, insofar as appealed from, granted the branches of defendant's motion seeking to compel disclosure and thereafter to produce plaintiff's owner, Nikolai Lagoduke, for an examination before trial, and denied plaintiff's cross motion for a protective order and for summary judgment.

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

For the reasons stated in Medical Polis, P.C. as Assignee of Veronica Richardson v Progressive Ins. Co. (___ Misc 3d ___, 2012 NY Slip Op [Appeal No. 2010-1684 Q C], decided herewith), the order, insofar as appealed from, is affirmed.

Pesce, P.J., Rios and Aliotta, JJ., concur. [*2]
Decision Date: May 11, 2012