October 27, 2011

Queens Brooklyn Med. Rehab, P.C. v Allstate Ins. Co. (2011 NY Slip Op 52010(U))

Headnote

The relevant facts considered by the court were that the defendant, Allstate Insurance Company, sought to strike the plaintiff's notice of trial in an action to recover assigned first-party no-fault benefits, compelling the plaintiff to produce certain tax documents. The main issue decided was whether the defendant's motion to strike the notice of trial to compel the plaintiff to produce tax documents was warranted. The court held that the defendant's motion papers were sufficient to establish special circumstances warranting the disclosure of the plaintiff's tax documents and affirmed the order to strike the notice of trial. The decision was based on the defendant's detailed and specific reasons for believing that the plaintiff was ineligible to recover no-fault benefits due to failure to meet applicable state and local licensing requirements.

Reported in New York Official Reports at Queens Brooklyn Med. Rehab, P.C. v Allstate Ins. Co. (2011 NY Slip Op 52010(U))

Queens Brooklyn Med. Rehab, P.C. v Allstate Ins. Co. (2011 NY Slip Op 52010(U)) [*1]

Queens Brooklyn Med. Rehab, P.C. v Allstate Ins. Co.

2011 NY Slip Op 52010(U) [33 Misc 3d 134(A)]

Decided on October 27, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.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 27, 2011

SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2010-505 Q C.

Queens Brooklyn Medical Rehab, P.C. as Assignee of DIANA URUCHIMA, Appellant,
against
Allstate Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered February 11, 2010. The order, insofar as appealed from as limited by the brief, granted defendant’s motion to strike plaintiff’s notice of trial to the extent of compelling plaintiff to produce certain tax documents.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order as granted defendant’s motion to strike plaintiff’s notice of trial to the extent of compelling plaintiff to produce certain tax documents.

Defendant’s moving papers set forth detailed and specific reasons for believing that plaintiff is ineligible to recover no-fault benefits because plaintiff fails to meet applicable state and local licensing requirements (see Insurance Department Regulations [11 NYCRR] § 65-3.16 [a] [12]; State Farm Mut. Auto. Ins. Co. v Mallela, 4 NY3d 313 [2005]). As defendant’s motion papers were sufficient to establish that special circumstances exist which warrant disclosure of plaintiff’s tax documents at issue (see CPLR 3101; One Beacon Ins. Group, LLC v Midland Med. Care, P.C., 54 AD3d 738 [2008]; Great Wall Acupuncture v State Farm Mut. Auto. Ins. Co., 20 Misc 3d 136[A], 2008 NY Slip Op 51529[U] [App Term, 2d & 11th Jud Dists 2008]; Statewide Med. Servs., P.C. v Travelers Ins. Co., 13 Misc 3d 134[A], 2006 NY Slip Op 52014[U] [App Term, 1st Dept 2006], revg 9 Misc 3d 1124[A], 2005 NY Slip Op 51773[U] [Civ Ct, Bronx County 2005]; see also Dore v Allstate Indem. Co., 264 AD2d 804 [1999]; cf. Benfeld v Fleming Props., LLC, 44 AD3d 599, 600 [2007]; Altidor v State-Wide Ins. Co., 22 AD3d 435 [2005]), the order, insofar as appealed from, is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 27, 2011