SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS Appellate Term, Second Department
October 27, 2011
AVA ACUPUNCTURE, P.C. AS ASSIGNEE OF DIANA REYES, APPELLANT,
GEICO GENERAL INS. CO., RESPONDENT.
Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered October 20, 2009.
AVA Acupuncture, P.C. v Geico Gen. Ins. Co.
Decided on October 27, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: PESCE, P.J., WESTON and RIOS, JJ
The order, insofar as appealed from, granted the branch of defendant's motion seeking to compel plaintiff to produce certain financial documents and, within 30 days of producing such documentation, to produce its owner, Valentina Anikeyeva, for an examination before trial, and further provided that the complaint would be dismissed in the event plaintiff failed to comply with the order.
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
For the reasons stated in Midwood Acupuncture, P.C. v State Farm Fire & Cas. Co. (21 Misc 3d 144[A], 2008 NY Slip Op 52468[U] [App Term, 2d & 11th Jud Dists 2008]) and First Aid Occupational Therapy, PLLC v State Farm Mut. Auto. Ins. Co. (21 Misc 3d 128[A], 2008 NY Slip Op 51963[U] [App Term, 2d & 11th Jud Dists 2008]), the order is affirmed (see also One Beacon Ins. Group, LLC v Midland Med. Care, P.C., 54 AD3d 738 ).
Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 27, 2011
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