August 11, 2017

Clinton Place Med., P.C. v USAA Cas. Ins. Co. (2017 NY Slip Op 51016(U))

https://www.beynensonlaw.com/case-law/clinton-place-med-p-c-v-usaa-cas-ins-co-2017-ny-slip-op51016u/

Court
Appellate Term, Second Department
Decided
August 11, 2017
Citation
2017 NY Slip Op 51016(U) · 56 Misc 3d 136(A)
Posture
Other motion
Outcome
Insurer prevailed
Issues
Discovery and procedure
Cite as
Clinton Place Med., P.C. v USAA Cas. Ins. Co., 56 Misc 3d 136(A), 2017 NY Slip Op 51016(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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.

The provider's summary judgment cross motion was denied, and the insurer's motion to compel discovery and an owner's deposition was granted. The Appellate Term, Second Department, affirmed the order, insofar as appealed from, which compelled verified discovery responses and the owner's appearance for an examination before trial, for the reasons stated in the companion appeal decided the same day, No. 2014-1033 K C.

Reported in New York Official Reports at Clinton Place Med., P.C. v USAA Cas. Ins. Co. (2017 NY Slip Op 51016(U))

[*1]
Clinton Place Med., P.C. v USAA Cas. Ins. Co.
2017 NY Slip Op 51016(U) [56 Misc 3d 136(A)]
Decided on August 11, 2017
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 11, 2017

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


PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-1130 K C
Clinton Place Medical, P.C., as Assignee of Araujo Carmencita, Appellant,

against

USAA Casualty Ins. Co., Respondent.

Korsunskiy Legal Group, P.C. (Michael Hoenig, Esq.), for appellant. McDonnell & Adels, PLLC (Linda A. Mule, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Wavny Toussaint, J.), entered September 5, 2013. The order, insofar as appealed from, granted defendant’s motion to dismiss the complaint pursuant to CPLR 3126 or, in the alternative, to compel plaintiff to respond to defendant’s discovery demands, to the extent of compelling plaintiff to respond to defendant’s discovery demands and to produce plaintiff’s owner for an examination before trial, and denied plaintiff’s cross motion for summary judgment.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as denied plaintiff’s cross motion for summary judgment and granted defendant’s motion to dismiss the complaint pursuant to CPLR 3126 or, in the alternative, to compel plaintiff to respond to defendant’s notice for discovery and inspection, and its “demand for verified written interrogatories,” to the extent of compelling plaintiff to provide defendant with, among other things, verified responses to defendant’s discovery demands, including “W-2(s), 1099(s) & 941 tax forms; office records, bank records, management, billing & rental agreements; annual salary of owner and employee; [and] proof of payment regarding use of office space,” and to produce plaintiff’s owner for an examination before trial.

For the reasons stated in Clinton Place Med., P.C., as Assignee of Araujo Carmencita v USAA Cas. Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op ______ [appeal No. 2014-1033 K C], decided herewith), the order, insofar as appealed from, is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.


ENTER:
Paul Kenny
Chief Clerk
Decision Date: August 11, 2017

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