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Statewide Med. Acupuncture, P.C. v Travelers Ins. Co.
2006 NY Slip Op 52013(U) [13 Misc 3d 134(A)]
Decided on October 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 23, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ
570148/06.

Statewide Medical Acupuncture, P.C., a/a/o Amilcar Henriquez, Plaintiff-Respondent,

against

Travelers Insurance Company, Defendant-Appellant.


Defendant, as limited by the briefs, appeals from so much of an order of the Civil Court, Bronx County (Julia I. Rodriguez J.), dated October 18, 2005, as denied its motion to vacate the notice of trial and compel discovery.


PER CURIAM:

Order (Julia I. Rodriguez J.), dated October 18, 2005, insofar as appealed from, reversed, with $10 costs, and defendant's motion to vacate the notice of trial and for discovery granted.

Defendant's motion to vacate the notice of trial should have been granted in order to allow completion of discovery pertaining to its defense of fraudulent incorporation (see Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co., 2006 NY Slip Op 51890[U][2006]). This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: October 23, 2006