June 30, 2006

Bronxborough Med., P.C. v Allstate Ins. Co. (2006 NY Slip Op 51327(U))

https://www.beynensonlaw.com/case-law/bronxborough-med-p-c-v-allstate-ins-co-2006-ny-slip-op-51327u/

Court: Appellate Term, Second Department
Decided: June 30, 2006
Citation: 2006 NY Slip Op 51327(U) · 12 Misc 3d 138(A)
Posture: Other motion
Outcome: Insurer prevailed
Issues: Discovery and procedure

Cite as

Bronxborough Med., P.C. v Allstate Ins. Co., 12 Misc 3d 138(A), 2006 NY Slip Op 51327(U) (App Term, 2d Dept, 2d & 11th Jud Dists 2006)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

A provider's untimely discovery objection forecloses review of the demands except for requests privileged under CPLR 3101 or palpably improper. The insurer denied the assigned no-fault claim in part because the injuries were not caused by the accident. It sought dismissal for failure to answer discovery and appear for an examination before trial, or alternatively an order compelling compliance. The provider had not challenged the discovery notice within the prescribed time. Applying that rule, the Appellate Term, Second Department, affirmed the order compelling discovery responses and an examination before trial, thereby sustaining the insurer's requested alternative relief.

Reported in New York Official Reports at Bronxborough Med., P.C. v Allstate Ins. Co. (2006 NY Slip Op 51327(U))

[*1]

Bronxborough Med., P.C. v Allstate Ins. Co.

2006 NY Slip Op 51327(U) [12 Misc 3d 138(A)]

Decided on June 30, 2006

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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 30, 2006

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2005-1278 K C.

Bronxborough Medical, P.C., aao Liriano Ysidro, Appellant,
against
Allstate Insurance Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Peter Paul Sweeney, J.), entered August 2, 2005. The order granted defendant’s motion to dismiss the complaint to the extent of compelling plaintiff to respond to defendant’s discovery demands and to appear for an examination before trial.

Order affirmed without costs.

In this action to recover assigned first-party no-fault benefits, defendant denied the claim on the ground, inter alia, that the injuries were not caused by the accident. Defendant moved to dismiss plaintiff’s complaint based on its failure to respond to defendant’s discovery demands and failure to appear for an examination before trial or, in the alternative, an order compelling plaintiff to respond to its discovery demands and to appear for an examination before trial. The plaintiff’s failure to challenge defendant’s notice of discovery within the time prescribed “foreclosed inquiry into the propriety of the information sought except with regard to requests that are privileged under CPLR 3101, or as to requests which are palpably improper” (Fausto v City of New York, 17 AD3d 520, 522 [2005]; see Marino v County of Nassau, 16 AD3d 628 [2005]; Garcia v Jomber Realty, 264 AD2d 809 [1999]). Consequently, the order, which compelled plaintiff to respond to defendant’s discovery demands and to appear for an examination before trial, is affirmed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: June 30, 2006

Similar decisions

Bronx Expert Radiology, P.C. v Allstate Ins. Co. (2007 NY Slip Op 50682(U))The insurer's investigator affidavit failed to show a founded belief that the claimed injuries did not arise from an insured incident.
Bronxborough Med., P.C. v Travelers Ins. Co. (2007 NY Slip Op 51485(U))The provider failed to establish prima facie entitlement to summary judgment through admissible business records.
Flatlands Med., P.C. v Allstate Ins. Co. (2012 NY Slip Op 50582(U))A provider's failure to object timely to discovery demands does not require disclosure of privileged or palpably improper matters.
All Boro Psychological Services, P.C. v Auto One Ins. Co. (2012 NY Slip Op 50777(U))A provider that misses discovery objection deadlines must respond except as to privileged or palpably improper demands.
Bronxborough Med., P.C. v New Hampshire Ins. Co. (2006 NY Slip Op 51354(U))The insurer failed to raise a triable issue on IME nonappearance because it did not establish mailing of the scheduling requests.