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Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co.
2007 NY Slip Op 51249(U) [16 Misc 3d 127(A)]
Decided on June 21, 2007
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 21, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
570094/07.

Continental Medical Acupuncture Services, P.C.,a/a/o Floyd Hoggart, Plaintiff-Respondent,

against

Travelers Insurance Company, Defendant-Appellant.


Defendant, as limited by the briefs, appeals from so much of an order of the Civil Court, Bronx County (Julia I. Rodriguez J.), dated October 6, 2005, as denied its motion to compel discovery and granted plaintiff's cross motion for a protective order.


Per Curiam:

Order (Julia I. Rodriguez J.), dated October 6, 2005, insofar as appealed from, reversed, with $10 costs, defendant's motion to compel discovery granted and plaintiff's cross motion for a protective order denied.

Defendant is entitled to discovery pertaining to its defense of fraudulent incorporation (see Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co. (13 Misc
3d 132[A], 2006 NY Slip Op 51890 [2006]).

THIS CONSTITUTES THE ORDER AND DECISION OF THE COURT.
I concurI concurI concur
Decision Date: June 21, 2007