Appeal from an order of the Civil Court of the City of New York, Queens County (Diane A. Lebedeff, J.), entered November 8, 2007. The order, insofar as appealed from as limited by the brief, granted the branch of defendant's motion seeking to vacate the notice of trial and upon granting the branch of defendant's motion seeking to compel plaintiff to respond to defendant's supplemental demand for discovery and inspection by affording defendant an opportunity to "rephrase[]" its supplemental demand for discovery and inspection and "serve[]" its supplemental demand for discovery and inspection upon plaintiff, directed plaintiff, within 30 days of receiving same, to respond thereto and to thereafter appear for a deposition upon oral examination.

Appeal from so much of the order as directed plaintiff to respond to defendant's supplemental demand for discovery and inspection, which defendant was to rephrase and serve upon plaintiff, dismissed as plaintiff is not aggrieved thereby.

Order, insofar as appealed from and reviewed, affirmed with $10 costs.

For the reasons stated in Great Wall Acupuncture, P.C. as assignee of April Outlaw, et al. v General Assur. Co. (___ Misc 3d ___, 2008 NY Slip Op ______ [No. 2008-74 Q C], decided herewith), the order, insofar as appealed from and reviewed, is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: September 19, 2008