| Golden Gate Acupuncture, P.C. v State Farm Auto. Ins. Co. |
| 2008 NY Slip Op 50620(U) [19 Misc 3d 132(A)] |
| Decided on March 27, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff, as limited by its brief, appeals from an order of the Civil Court of the City of New
York, Bronx County (Laura G. Douglas, J.), entered March 7, 2007, which granted defendant's
motion to strike the notice of trial and to compel discovery.
Per Curiam.
Order (Laura G. Douglas, J.), entered March 7, 2007, affirmed, without costs.
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 thus demonstrated entitlement to disputed disclosure pertaining to said defense, including the deposition of plaintiff's alleged owner (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: March 27, 2008