February 8, 2013

All Boro Psychological Servs., P.C. v Allstate Ins. Co. (2013 NY Slip Op 50189(U))

Headnote

The main issue in this case was an appeal from an order of the Civil Court that denied the plaintiff's motion for summary judgment and granted the defendant's cross motion to compel the plaintiff to provide responses to its discovery demands and to produce an individual for an examination before trial. The court found that subsequent to the entry of the order, the Civil Court dismissed the complaint, rendering the appeal academic. As a result, the appeal was dismissed. The relevant facts considered by the court were the actions of the lower court and the subsequent dismissal of the complaint, which led to the decision to dismiss the appeal as academic.

Reported in New York Official Reports at All Boro Psychological Servs., P.C. v Allstate Ins. Co. (2013 NY Slip Op 50189(U))

All Boro Psychological Servs., P.C. v Allstate Ins. Co. (2013 NY Slip Op 50189(U)) [*1]

All Boro Psychological Servs., P.C. v Allstate Ins. Co.

2013 NY Slip Op 50189(U) [38 Misc 3d 138(A)]

Decided on February 8, 2013

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 8, 2013

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and SOLOMON, JJ
2011-311 K C.

All Boro Psychological Services, P.C. as Assignee of SANDRA SALINAS, Appellant, —
against
Allstate Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Dolores L. Waltrous, J.H.O.), entered November 18, 2010. The order, insofar as appealed from as limited by the brief, denied plaintiff’s motion for summary judgment and granted the branch of defendant’s amended cross motion seeking to compel plaintiff to provide defendant with responses to its discovery demands and to produce Vladimir Grinberg for an examination before trial.

ORDERED that the appeal is dismissed as academic.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals, as limited by its brief, from so much of an order of the Civil Court as denied plaintiff’s motion for summary judgment and granted the branch of defendant’s amended cross motion seeking to compel plaintiff to provide defendant with responses to its discovery demands and to produce Vladimir Grinberg for an examination before trial (EBT). Subsequent to the entry of the November 18, 2010 order, the Civil Court dismissed the complaint. The dismissal of the [*2]complaint renders this appeal academic (see Livny v Rotella, 305 AD2d 377 [2003]; Delta Diagnostic Radiology, P.C. v Allstate Ins. Co., 15 Misc 3d 131[A], 2007 NY Slip Op 50673[U] [App Term, 2d & 11th Jud Dists 2007]; Fair Price Med. Supply Corp. v ELRAC Inc., 13 Misc 3d 33 [App Term, 2d & 11th Jud Dists 2006]).

Accordingly, the appeal is dismissed.

Pesce, P.J., Rios and Solomon, JJ., concur.
Decision Date: February 08, 2013