Appeal from an order of the Civil Court of the City of New York, Kings County (Kathryn E. Freed, J.), entered October 10, 2008.
Five Boro Psychological Servs., P.C. v Auto One Ins. Co.
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 15, 2011
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: WESTON J.P., GOLIA and RIOS, JJ
The order 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, in the alternative, to compel such discovery, to the extent of ordering plaintiff to comply with defendant's discovery demands.
ORDERED that the order is affirmed, without costs.As the pertinent facts in this case are the same as those in Five Boro Psychological Servs., P.C. v AutoOne Ins. Co. (27 Misc 3d 89 [App Term, 2d, 11th & 13th Jud Dists 2010]), for the reasons stated in that case, the order is affirmed.
Weston, J.P., Golia and Rios, JJ., concur.
Decision Date: March 15, 2011
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