October 15, 2013

Jamaica Dedicated Med. Care, P.C. v Allstate Ins. Co. (2013 NY Slip Op 51745(U))

Headnote

The relevant facts considered by the court were that the defendant, Allstate Insurance Company, filed a motion to vacate the notice of trial and compel the plaintiff, Jamaica Dedicated Medical Care, to provide complete responses to discovery demands and to produce the owner, Viviane Etienne, M.D., for an examination before trial. The main issue decided was whether the Civil Court properly granted the defendant's motion to vacate the notice of trial and compel the plaintiff to provide discovery. The holding of the case was that the Civil Court properly granted the defendant's motion, as the notice of trial and certificate of readiness filed by the plaintiff contained an erroneous statement that discovery had been completed. Additionally, the defendant's outstanding discovery demands sought to ascertain whether the plaintiff was a professional service corporation and ineligible to recover no-fault benefits, which was a valid defense. Therefore, the order to vacate the notice of trial and compel discovery was affirmed.

Reported in New York Official Reports at Jamaica Dedicated Med. Care, P.C. v Allstate Ins. Co. (2013 NY Slip Op 51745(U))

Jamaica Dedicated Med. Care, P.C. v Allstate Ins. Co. (2013 NY Slip Op 51745(U)) [*1]

Jamaica Dedicated Med. Care, P.C. v Allstate Ins. Co.

2013 NY Slip Op 51745(U) [41 Misc 3d 131(A)]

Decided on October 15, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 15, 2013

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ
2011-2346 K C.

Jamaica Dedicated Medical Care, P.C. as Assignee of KEITH GRAHAM, Appellant, —
against
ALLSTATE INS. CO., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Patricia Anne Williams, J.), entered July 8, 2011. The order granted defendant’s motion to vacate the notice of trial and compel plaintiff to provide discovery.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion to vacate the notice of trial, to compel plaintiff to provide complete responses to defendant’s discovery demands, and to produce plaintiff’s owner, Viviane Etienne, M.D., for an examination before trial.

Defendant established that the notice of trial and certificate of readiness filed by plaintiff contained the erroneous statement that discovery had been completed. Moreover, defendant’s outstanding discovery demands seek to ascertain whether plaintiff is a professional service corporation which fails to comply with applicable state or local licensing laws and, thus, ineligible to recover no-fault benefits (see State Farm Mut. Auto. Ins. Co. v Mallela, 4 NY3d 313 [2005]), a defense which is not precluded (Multiquest, P.L.L.C. v Allstate Ins. Co., 17 Misc 3d 37 [App Term, 2d & 11th Jud Dists 2007]). In view of the foregoing, and in light of the fact that defendant set forth specific and detailed reasons for seeking the discovery at issue, the Civil Court properly granted defendant’s motion to vacate the notice of trial and compel plaintiff to provide discovery (see e.g. CPLR 3101 [a]; One Beacon Ins. Group, LLC v Midland Med. Care, P.C., 54 AD3d 738 [2008]; see also Q-B Jewish Med. Rehabilitation, P.C. v Allstate Ins. Co., 32 Misc 3d 139[A], 2011 NY Slip Op 51551[U] [App Term, 2d, 11th & 13th Jud Dists 2011]). As plaintiff’s remaining contention lacks merit, the order is affirmed (see Citywide Social Work & Psychological Servs., PLLC v Autoone Ins. Co., 32 Misc 3d 130[A], 2011 NY Slip Op 51308[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; Allstate Social Work & Psychological Svcs, PLLC v GEICO Gen. Ins. Co., 29 Misc 3d 142[A], 2010 NY Slip Op 52162[U] [App Term, 2d, 11th & 13th Jud Dists 2010]).

Pesce, P.J., Aliotta and Solomon, JJ., concur. [*2]
Decision Date: October 15, 2013