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Best Med. Care, PC v Utica Mut. Ins. Co.
2007 NY Slip Op 50154(U) [14 Misc 3d 134(A)]
Decided on January 31, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 31, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, SCHOENFELD, JJ
570368/06.

Best Medical Care, PC, a/a/o Roberto Santana, Plaintiff-Respondent, - -

against

Utica Mutual Insurance Company, Defendant-Appellant.


Defendant, as limited by the briefs, appeals from so much of an order of the Civil Court of the City of New York, New York County (Eileen Rakower, J.), dated May 3, 2006, as denied its motion to compel plaintiff to appear for an examination before trial.


PER CURIAM:

Order (Eileen Rakower, J.), dated January 3, 2006, affirmed, with $10 costs.
Defendant's motion to compel plaintiff to appear for an examination before trial was properly denied, as there is no showing on the record that plaintiff's deposition would be "material and necessary" (see CPLR
3101[a]) to its fraud defense.

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: January 31, 2007