Fair Price Med. Supply Corp. v ELRAC Inc. (2006 NYSlipOp 50863(U))

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Fair Price Med. Supply Corp. v ELRAC Inc.

2006 NYSlipOp 50863(U)

Decided on March 2, 2006

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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 2, 2006

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON PATTERSON and RIOS, JJ
2005-1277 K C.

Fair Price Medical Supply Corp. as assignee of Doumant Samuels, Appellant,

against

ELRAC Inc. & Enterprise Rent-A-Car, Respondents.

Appeal from an order of the Civil Court of the City of New York, Kings County (Milagros A. Matos, J.), entered August 11, 2005. The order granted defendants' motion pursuant to CPLR 3126 by directing plaintiff to provide an amended response to defendants' notice to produce and to submit to an examination before trial, and denied plaintiff's cross motion for a protective order.

Order affirmed without costs.

For the reasons stated in Fair Price Medical Supply Corp. v Elrac Inc. & Enterprise Rent-A-Car (No. 2005-1319 K C, decided herewith), the order is affirmed.

Pesce, P.J., Weston Patterson and Rios, JJ., concur.
Decision Date: March 2, 2006