February 13, 2009

Delta Diagnostic Radiology, P.C. v Country-Wide Ins. Co. (2009 NY Slip Op 50236(U))

https://www.beynensonlaw.com/case-law/delta-diagnostic-radiology-p-c-v-country-wide-ins-co-2009-ny-slip-op50236u/

Court: Appellate Term, Second Department
Decided: February 13, 2009
Citation: 2009 NY Slip Op 50236(U) · 22 Misc 3d 134(A)
Posture: Other motion
Outcome: Provider prevailed
Issues: Discovery and procedure

Cite as

Delta Diagnostic Radiology, P.C. v Country-Wide Ins. Co., 22 Misc 3d 134(A), 2009 NY Slip Op 50236(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009)

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 motion to compel the insurer's deposition should have been granted because the insurer neither opposed it nor sought a protective order. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and granted the motion to the extent of directing the insurer to appear for a deposition within 30 days of the appellate order. The ruling followed Crossbay Acupuncture v State Farm Mut. Auto. Ins. Co.

Reported in New York Official Reports at Delta Diagnostic Radiology, P.C. v Country-Wide Ins. Co. (2009 NY Slip Op 50236(U))

[*1]

Delta Diagnostic Radiology, P.C. v Country-Wide Ins. Co.

2009 NY Slip Op 50236(U) [22 Misc 3d 134(A)]

Decided on February 13, 2009

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected in part through February 23, 2009; it will not be published in the printed Official Reports.

Decided on February 13, 2009

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and STEINHARDT, JJ
2007-1991 K C.

Delta Diagnostic Radiology, P.C. a/a/o IVROSE DESIR, Appellant,
against
Country-Wide Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered October 29, 2007. The order, insofar as appealed from, denied plaintiff’s motion to, inter alia, compel the deposition of defendant.

Order, insofar as appealed from, 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 date of the order entered hereon.

In this action to recover assigned first-party no-fault benefits, plaintiff moved to, inter alia, compel the deposition of defendant. Defendant failed to oppose plaintiff’s motion or to seek a protective order. Accordingly, the motion should have been granted 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, 112 [App Term, 2d & 11th Jud Dists 2007]).

Pesce, P.J., Weston Patterson and Steinhardt, JJ., concur.
Decision Date: February 13, 2009

Cited in this decision

A label shows how this decision treated the case it cites.

Crossbay Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2007 NY Slip Op 27135) FollowedThe insurer raised issues concerning the provider's actual operation and control that required discovery before summary judgment.

Similar decisions

Delta Diagnostic Radiology, P.C. v Allstate Ins. Co. (2007 NY Slip Op 50673(U))The provider's appeal from an order compelling depositions became academic after the action was dismissed for noncompliance.
Delta Diagnostics Radiology, P.C. v Delos Ins. Co. (2015 NY Slip Op 51135(U))An insurer's motion to compel a provider's deposition was denied without an investigator's supporting affidavit, within the trial court's discretion.
Delta Diagnostic Radiology, P.C. v Country Wide Ins. Co. (2011 NY Slip Op 00174)The insurer's follow-up verification requests sent on the 30th day after its initial requests were effective under the circumstances.
Delta Diagnostic Radiology, P.C. v Integon Natl. Ins. Co. (2009 NY Slip Op 51502(U))The insurer's examining physician supplied an unrebutted factual basis and medical rationale that the billed MRI was unnecessary.
Delta Diagnostic Radiology, P.C. v General Assur. Co. (2007 NY Slip Op 51616(U))The provider failed to establish a prima facie case because its corporate officer did not lay a foundation for the attached business records.