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Sharma Med. Servs., P.C. v Progressive Cas. Ins. Co.
2009 NY Slip Op 51573(U) [24 Misc 3d 137(A)]
Decided on July 14, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 14, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., RIOS and STEINHARDT, JJ
2008-831 K C.

Sharma Medical Services, P.C. as assignee of CHARLES ANUOLAM, JOSE GAUTHIER, PEDRO MARTINEZ and JIZHAN FENG NG, Respondent,

against

Progressive Casualty Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered November 2, 2007. The order, insofar as appealed from as limited by the brief, held that defendant had not established its entitlement to depose plaintiff's owner, Perumunda K. Sharma.


Appeal dismissed.

For the reasons stated in Sharma Med. Servs., P.C. a/a/o Maria Chervova v Progressive Cas. Ins. Co. (___ Misc 3d ___, 2009 NY Slip Op ______ [Appeal No. 2008-708 K C, decided herewith]), the appeal is dismissed.

Weston, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: July 14, 2009