New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
September 6, 2012
ALL BORO PSYCHOLOGICAL SERVICES, P.C. AS ASSIGNEE OF ARKADIY UGORSKIY AND NATALIA KOTYLEVA, APPELLANT,
ALLSTATE INS. CO., RESPONDENT.
Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered October 7, 2010.
All Boro Psychological Servs., 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 6, 2012
PRESENT: PESCE, P.J., RIOS and ALIOTTA, JJ
The order denied plaintiff's motion for summary judgment and granted defendant's cross motion to compel discovery pursuant to CPLR 3124.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault
benefits, plaintiff appeals from an order of the Civil Court which
denied plaintiff's motion for summary judgment and granted defendant's
cross motion to compel discovery pursuant to CPLR 3124. Contrary to
plaintiff's argument on appeal, defendant properly substantiated its
allegations of fraudulent incorporation so as to warrant disclosure
(see State Farm Mut. Auto. Ins. Co. v Mallela, 4 NY3d 313 ;
Lexington Acupuncture, P.C. v General Assur. Co., 35 Misc 3d 42 [App
Term, 2d, 11th
& 13th Jud Dists 2012]). Consequently, the Civil Court did not improvidently exercise its
discretion in denying plaintiff's motion for summary judgment and granting defendant's
cross motion to compel disclosure. Plaintiff's remaining contentions on appeal lack merit.
Accordingly, the order is affirmed.
Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: September 06, 2012
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