September 10, 2008
Bath Med. Supply, Inc. v American Tr. Ins. Co. (2008 NY Slip Op 51873(U))
Headnote
Reported in New York Official Reports at Bath Med. Supply, Inc. v American Tr. Ins. Co. (2008 NY Slip Op 51873(U))
| Bath Med. Supply, Inc. v American Tr. Ins. Co. |
| 2008 NY Slip Op 51873(U) [20 Misc 3d 145(A)] |
| Decided on September 10, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2007-1795 K C.
against
American Transit Insurance Co., Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Alan L. Lebowitz, J.H.O.), entered September 27, 2007. The order denied plaintiff’s motion, inter alia, to compel the deposition of defendant.
Order reversed without costs and plaintiff’s motion granted to the extent that defendant is ordered to appear for a deposition within 30 days of the order entered hereon.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved
to compel the deposition of defendant and for a conditional order striking defendant’s answer or
precluding defendant from testifying in the event defendant fails
to comply. Defendant failed to oppose said motion. Accordingly, the court should have
granted plaintiff’s motion to the extent of compelling defendant to appear for a deposition (see Crossbay Acupuncture, P.C. v State
Farm Mut. Auto. Ins. Co., 15 Misc 3d 110 [App Term, 2d & 11th Jud Dists 2007]).
Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: September 10, 2008