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Q-B Jewish Med. Rehabilitation, P.C. As Assignee of Menashe Lyalmiyev v. Allstate Insurance Company

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


August 10, 2011

Q-B JEWISH MED. REHABILITATION, P.C. AS ASSIGNEE OF MENASHE LYALMIYEV,
APPELLANT,
v.
ALLSTATE INSURANCE COMPANY,
RESPONDENT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered November 24, 2009.

Q-B Jewish Med. Rehabilitation, P.C. v Allstate 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 10, 2011

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ

The order, insofar as appealed from, granted defendant's motion to strike the action from the trial calendar and compel plaintiff to respond to defendant's discovery demands.

ORDERED that the order, insofar as appealed from, is modified by providing that the branch of defendant's motion seeking to compel plaintiff to respond to defendant's discovery demands is granted to the extent of compelling plaintiff to provide the documents sought in items 19, 20, and 21 of defendant's notice to produce and in interrogatory 11 (c) within 60 days of the date of the order entered hereon, and by further compelling plaintiff to produce its owner, John McGee, for an examination before trial within 30 days thereafter, or on such other date to which the parties shall agree, but in no event later than 60 days thereafter; as so modified, the order, insofar as appealed from, is affirmed, without costs.

For the reasons stated in Q-B Jewish Med. Rehabilitation, P.C. a/a/o Iyanna Lyalmiyeva v Allstate Ins. Co. (___ Misc 3d ___, 2011 NY Slip Op _______ [No. 2010-107 Q C], decided herewith), the order is modified, to the extent indicated above.

Pesce, P.J., Golia and Steinhardt, JJ., concur.

Decision Date: August 10, 2011

20110810

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