| Bromer Med., P.C. v Chubb Indem. Ins. Co. |
| 2008 NY Slip Op 50298(U) [18 Misc 3d 138(A)] |
| Decided on February 20, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County
(Francis M. Alessandro, J.), entered June 12, 2007, which denied its motion to vacate the notice
of trial and compel discovery.
Per Curiam.
Order (Francis M. Alessandro, J.), entered June 12, 2007, reversed, with $10 costs, and defendant's motion to vacate the notice of trial and compel discovery is granted.
Defendant's documentary submissions in support of its motion to strike the notice of trial and
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 plaintiff is fraudulently incorporated in violation of
Business Corporation Law
§§ 1507 and 1508. Defendant is therefore entitled to outstanding disclosure
pertaining to that defense, including the depositions of plaintiff's alleged owner and the assignor's
treating physician (see Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co.,
13 Misc 3d 132[A], 2006 NY Slip Op 51890[U] [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: February 20, 2008