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First Help Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co.
2009 NY Slip Op 51354(U) [24 Misc 3d 131(A)]
Decided on June 25, 2009
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 25, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2008-569 K C. NO. 2008-569 K C

First Help Acupuncture, P.C. a/a/o Steve Kotright and NICOLE BRUCE, Respondent,

against

State Farm Mutual Automobile Ins. Co., Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Delores J. Thomas, J.), entered December 1, 2006. The order, insofar as appealed from, denied defendant's motion to strike the complaint or, in the alternative, to compel discovery.


Order, insofar as appealed from, modified by providing that defendant's motion is granted to the extent of compelling plaintiff to produce its certificate of incorporation and serve answers providing the information demanded in items numbered 1, 15, 18, 31, 37-40, and 44-46 of defendant's demand for verified written interrogatories within 60 days of the date of the order entered hereon and, within 30 days thereafter, or on such other date to which the parties may agree, plaintiff shall produce its owner, Valentina Anikeyeva, for an examination before trial; as so modified, affirmed without costs.

For the reasons stated in Great Wall Acupuncture v State Farm Mut. Auto. Ins. Co. (20 Misc 3d 136[A], 2008 NY Slip Op 51529[U] [App Term, 2d & 11th Jud Dists 2008]), the order is modified as set forth above.

Pesce, P.J., and Rios, J., concur.

Golia, J., concurs in a separate memorandum.
Golia, J., concurs with the result only, in the following memorandum:

I am constrained to agree with the ultimate disposition in the decision reached by the majority. I wish to note that I do not agree with certain propositions of law set forth in cases cited therein which are inconsistent with my prior expressed positions and generally contrary to my views as expressed in Great Wall Acupuncture v State Farm Mut. Auto. Ins. Co. (20 Misc 3d 136[A], 2008 NY Slip Op 51529[U] [App Term, 2d & 11th Jud Dists 2008]). Moreover, I would be inclined to provide that the examination before trial be held at a specified location and date, or on such other date and location to which the parties may agree, but in no event beyond 90 [*2]days from the date of the entry of this court's order.
Decision Date: June 25, 2009