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Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co.
2007 NY Slip Op 50066(U) [14 Misc 3d 131(A)]
Decided on January 17, 2007
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 17, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, J.P., McCOOE, SCHOENFELD, JJ
570529/06.

Continental Medical Acupuncture Services, P.C., a/a/o Eugenio Fernandez, 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 of New York, Bronx County (Julia I. Rodriguez J.), dated October 6, 2005, as denied its motion to compel discovery and granted plaintiff's cross motion for a protective order.


PER CURIAM:

Order (Julia I. Rodriguez J.), dated January 9, 2006, insofar as appealed from, reversed, with $10 costs, defendant's motion to compel discovery granted and plaintiff's cross motion for a protective order denied.

Defendant is entitled to discovery pertaining to its defense of fraudulent incorporation (see Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co. 13 Misc
3d 132[A], 2006 NY Slip Op 51890 [2006]).

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: January 17, 2007