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Sharma Med. Servs., P.C. v Progressive Cas. Ins. Co.
2009 NY Slip Op 51592(U) [24 Misc 3d 139(A)]
Decided on July 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 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
2008-675 K C.

Sharma Medical Services, P.C. as assignee of GANESH CHANDERAT, JACINTHA CHANDLER, ALEXEI CHOUPROUTA, CARMEN FERNANDEZ, DAVID GELLERSTEIN, DAVID GIL, CECIL GILBERT and MARIA SIMON, Respondent,

against

Progressive Casualty Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Aaron D. Bernstein, J.H.O.), entered September 10, 2007. The order, insofar as appealed from as limited by the brief, failed to compel plaintiff to produce its owner, Perumunda K. Sharma, for a deposition.


Appeal dismissed.

As limited by its brief, defendant appeals from so much of an order of the Civil Court entered September 10, 2007 as failed to compel plaintiff to produce its owner, Perumunda K. Sharma, for a deposition. However, defendant is not aggrieved by the order, insofar as appealed from, since defendant's motion did not seek such relief and the order did not deny such relief or even address this issue. As defendant is not aggrieved (see CPLR 5511), the appeal is dismissed.

Weston, J.P., Rios and Steinhardt, JJ., concur.
Decision Date: July 20, 2009