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Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co.
2006 NY Slip Op 51890(U) [13 Misc 3d 132(A)]
Decided on October 5, 2006
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 5, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, J.P., McCOOE, DAVIS, JJ
570370/06.

Continental Medical Acupuncture Services, P.C., a/a/o Mechan Raghunandan, Plaintiff-Appellant, - -

against

Travelers Insurance Company, Defendant-Respondent. Statewide Medical Acupuncture Services, P.C., a/a/o Earl Chambers, Plaintiff-Appellant, - - Travelers Insurance Company, Defendant-Respondent.


In consolidated appeals, plaintiffs appeal from two orders of the Civil Court, Bronx County (Nelida Malave, J.), dated September 6, 2006, and September 26, 2006, which, to the extent appealed from as limited by the briefs, granted defendant's motions to compel discovery.


PER CURIAM:

Orders (Nelida Malave, J.), dated September 6, 2006 and September 26, 2006, affirmed, with $10 costs.

In these two actions consolidated for purposes of appeal, defendant's documentary submissions in support of its motions to compel discovery sufficed to demonstrate "good cause" (State Farm Mut. Auto. Ins. Co. v Mallela, 4 NY3d 313, 322 [2005]) with regard to its defense that plaintiffs were fraudulently incorporated in violation of Business Corporation Law §§ 1507 and 1508. Defendant is therefore entitled to disclosure pertaining to said defense, including the deposition of plaintiffs' president (cf. Statewide Med. Acupuncture, P.C. v Travelers Ins. Co., Misc 3d , 2006 NY Slip Op 51515[U][2006]).

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: October 5, 2006