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Tremont Medical Rehabilitation, P.C. As Assignee of Pedro Martinez, Appellant v. Allstate Insurance Company

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


October 28, 2011

TREMONT MEDICAL REHABILITATION, P.C. AS ASSIGNEE OF PEDRO MARTINEZ, 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.

Tremont Med. Rehabilitation, P.C. v Allstate Ins. Co.

Decided on October 28, 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This opinion is uncorrected and will not be published in the printed Official Reports.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., RIOS 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 this decision and order, 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. as Assignee of Mikhail Abromov v Allstate Ins. Co. (___ Misc 3d ___, 2011 NY Slip Op ______ [No. 2010-121 Q C], decided herewith), the order is modified to the extent indicated above.

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

Decision Date: October 28, 2011

20111028

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