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Statewide Med. Servs., P.C. v Travelers Ins. Co.
2007 NY Slip Op 50072(U) [14 Misc 3d 132(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This opinion is uncorrected and will not be published in the printed Official Reports.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
570522/06.

Statewide Medical Services, P.C., a/a/o Ariel McKenzie, Plaintiff-Respondent, - -

against

Travelers Insurance Company, Defendant-Appellant.


Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Julia I. Rodriguez J.), dated January 9, 2006, which denied its motion to vacate the notice of trial and granted plaintiff's cross motion for a protective order.


PER CURIAM:

Order (Julia I. Rodriguez J.), dated January 9, 2006, reversed, with $10 costs, defendant's motion to vacate the notice of trial 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