| South Nassau Orthopedic Surgery & Sports Medicine, P.C. v Mercury Cas. Co. |
| 2015 NY Slip Op 51702(U) [49 Misc 3d 148(A)] |
| Decided on November 19, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered April 5, 2013. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint or, in the alternative, to compel plaintiff to appear for an examination before trial.
ORDERED that the order, insofar as appealed from, is modified by providing that the branch of defendant's motion seeking to compel plaintiff to appear for an examination before trial is granted and the examination shall be held within 60 days of the date of this decision and order, at such time and place to be specified in a written notice by defendant of not less than 10 days, or at such other time and place as the parties may agree upon; as so modified, the order, insofar as appealed from, is affirmed, without costs.
For the reasons stated in Duke Acupuncture, P.C. as Assignee of Roberto Menjivar v Mercury Cas. Co. (___ Misc 3d ___, 2015 NY Slip Op ___ [appeal No. 2013-991 Q C], decided herewith), the order, insofar as appealed from, is modified as set forth above.
Pesce, P.J., Aliotta and Solomon, JJ., concur.