December 10, 2010
Allstate Social Work & Psychological Svcs, PLLC v GEICO Gen. Ins. Co. (2010 NY Slip Op 52162(U))
https://www.beynensonlaw.com/case-law/allstate-social-work-psychological-svcs-pllc-v-geico-gen-ins-co-2010-nyslip-op-52162u/
- Decided
- December 10, 2010
- Citation
- 2010 NY Slip Op 52162(U) · 29 Misc 3d 142(A)
- Posture
- Other motion
- Outcome
- Insurer prevailed
- Later treatment
- Followed in 5 later decisions (see Cited by)
- Issues
- Discovery and procedure
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.
Reported in New York Official Reports at Allstate Social Work & Psychological Svcs, PLLC v GEICO Gen. Ins. Co. (2010 NY Slip Op 52162(U))
| Allstate Social Work & Psychological Svcs, PLLC v GEICO Gen. Ins. Co. |
| 2010 NY Slip Op 52162(U) [29 Misc 3d 142(A)] |
| Decided on December 10, 2010 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and STEINHARDT, JJ
2009-2130 K C.
against
GEICO General Ins. Co., Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Genine D. Edwards, J.), entered April 21, 2009. The order granted defendant’s motion to vacate the notice of trial and strike the matter from the trial calendar, and directed plaintiff to respond to defendant’s discovery demands.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant served
its answer in July 2004. The answer was accompanied by a demand for a verified bill of
particulars, a demand for discovery and inspection, a demand for expert witness disclosure, and a
notice to take deposition upon oral examination. After
plaintiff served a notice of trial and certificate of readiness on September 16, 2008,
defendant moved, on October 3, 2008, for an order vacating the notice of trial and certificate of
readiness and striking the action from the trial calendar on the ground that discovery had not been
completed. Defendant further requested that the Civil Court direct plaintiff to comply with all
outstanding discovery demands. Plaintiff opposed the motion based, inter alia, upon laches. The
Civil Court granted defendant’s motion and directed plaintiff to serve verified responses to
defendant’s discovery demands within 60 days of the order. The instant appeal by plaintiff
ensued.
Defendant’s motion to vacate the notice of trial and strike the matter from the trial [*2]calendar was timely, and the affirmation in support of the motion accurately stated the reason that the action was not entitled to be on the trial calendar (see Uniform Rules of the New York City Civil Court [22 NYCRR] § 208.17 [c]), i.e., that there was outstanding discovery, an allegation which is undisputed by plaintiff. Consequently, the motion was properly granted since it was based upon a certificate of readiness which contains the erroneous statement that discovery had been completed (see Savino v Lewittes, 160 AD2d 176 [1990]; Queens Chiropractic Mgt., P.C. v Country Wide Ins. Co., 23 Misc 3d 142[A], 2009 NY Slip Op 51073[U] [App Term, 2d, 11th & 13th Jud Dists 2009]; 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]; Great Wall Acupuncture, P.C. v General Assur. Co., 21 Misc 3d 45 [App Term, 2d & 11th Jud Dists 2008]; Hillside Neurology Care P.C. v Travelers Ins. Co., 11 Misc 3d 127[A], 2006 NY Slip Op 50234[U] [App Term, 1st Dept 2006]). Contrary to plaintiff’s contention, the doctrine of laches does not warrant a denial of defendant’s motion (see Kornblatt v Jaguar Cars, 172 AD2d 590 [1991]; Queens Chiropractic Mgt., P.C., 23 Misc 3d 142[A], 2009 NY Slip Op 51073[U]). Moreover, since plaintiff failed to timely challenge the propriety of defendant’s discovery demands (see CPLR 3122 [a]; 3133 [a]), it must comply with the Civil Court’s direction that it provide responses to defendant’s discovery demands, except as to matters which are privileged or palpably improper (see Fausto v City of New York, 17 AD3d 520 [2005]).
Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: December 10, 2010
Cited in this decision
- Queens Chiropractic Mgt., P.C. v Country Wide Ins. Co. (2009 NY Slip Op 51073(U))The insurer's timely motion to vacate the notice of trial was warranted because the provider incorrectly certified that discovery was complete.
- First Aid Occupational Therapy, PLLC v State Farm Mut. Auto. Ins. Co. (2008 NY Slip Op 51963(U))The provider's notice of trial was properly vacated because its certificate of readiness incorrectly stated that discovery was complete or waived.
- Great Wall Acupuncture, P.C. v General Assur. Co. (2008 NY Slip Op 28350)A timely motion to vacate a notice of trial should be granted when the certificate of readiness wrongly states discovery is complete.
Cited by
A label shows how the later decision treated this one.
- Citywide Social Work & Psychological Servs., PLLC v Autoone Ins. Co. (2011 NY Slip Op 51308(U)) FollowedThe provider's summary judgment cross motion was premature because discovery remained outstanding.
- Allstate Social Work & Psychological Svcs., PLLC v Auto One Ins. Co. (2011 NY Slip Op 52362(U)) FollowedThe insurer's motion to compel supplemental discovery was premature because the provider had no opportunity to respond to the new demands.
- Q-B Jewish Med. Rehabilitation, P.C. v Allstate Ins. Co. (2012 NY Slip Op 50152(U)) FollowedThe insurer's specific reasons to question the provider's licensing compliance supported discovery of its financial and tax records.
- Ave T MPC Corp. v Travelers Prop. Cas. Ins. Co. (2012 NY Slip Op 50232(U)) FollowedThe provider's erroneous statement that discovery was complete warranted striking its no-fault action from the trial calendar.
- Jamaica Dedicated Med. Care, P.C. v Allstate Ins. Co. (2013 NY Slip Op 51745(U)) FollowedThe insurer justified discovery on provider licensing eligibility, and the provider's certificate of readiness incorrectly stated discovery was complete.
- VE Med. Care, P.C. v Auto One Ins. Co. (2012 NY Slip Op 50571(U))The insurer established grounds to amend its answer to assert fraudulent incorporation and obtain the provider's tax documents.
Similar decisions
- Allstate Social Work & Psychological Servs., P.L.L.C. v Autoone Ins. Co. (2011 NY Slip Op 52295(U))A provider that fails to timely challenge discovery demands must respond except as to privileged or palpably improper matters.
- Quality Health Prods. v GEICO Gen. Ins. Co. (2012 NY Slip Op 51645(U))The provider's notice of trial was vacated because discovery remained outstanding, and its untimely discovery objections required production.
- Axis Chiropractic, PLLC v Geico Gen. Ins. Co. (2010 NY Slip Op 51963(U))The provider's notice of trial was vacated because its certificate of readiness incorrectly stated that discovery was complete.
- Midwood Total Rehab, P.C. v GEICO Ins. Co. (2018 NY Slip Op 50763(U))The provider's two-month delay after a 90-day demand lacked a justifiable excuse or a showing of a meritorious claim.
- All Boro Psychological Servs., P.C. v Allstate Ins. Co. (2013 NY Slip Op 50069(U))The insurer's unanswered verification requests left the insurer's time to pay or deny untriggered, warranting dismissal of the action.