First Aid Occupational Therapy, PLLC v State Farm Mut. Auto. Ins. Co. (2008 NY Slip Op 51965(U))

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First Aid Occupational Therapy, PLLC v State Farm Mut. Auto. Ins. Co.

2008 NY Slip Op 51965(U) [21 Misc 3d 128(A)]

Decided on September 29, 2008

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 29, 2008

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., RIOS and STEINHARDT, JJ
2007-1428 K C.

First Aid Occupational Therapy, PLLC as assignee of Gersha Smith, Appellant,

against

State Farm Mutual Automobile Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered July 26, 2007. The order granted defendant's motion to vacate the notice of trial and to direct plaintiff to respond to defendant's discovery demands and appear for an examination before trial with respect to defendant's defense based upon plaintiff's alleged fraudulent incorporation.

Order affirmed without costs.

For the reasons stated in First Aid Occupational Therapy, PLLC as assignee of Morris Dennis v State Farm Mut. Auto. Ins. Co. (___ Misc 3d ___, 2008 NY Slip Op [No. 2007-1353 K C], decided herewith), the order is affirmed.

Pesce, P.J., Rios and Steinhardt, JJ., concur.
Decision Date: September 29, 2008