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RLC Med., P.C. v Allstate Ins. Co.
2010 NY Slip Op 50640(U) [27 Misc 3d 130(A)]
Decided on April 8, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 8, 2010
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : GOLIA, J.P., WESTON and RIOS, JJ
2008-2054 K C.

RLC Medical, P.C. a/a/o ELEONORA SIMCHUK, Respondent,

against

Allstate Insurance Company, Appellant.


Appeal from an order of the Civil Court of the City of New York, Kings County (Kathy J. King, J.), entered August 11, 2008. The order granted plaintiff's motion for summary judgment and denied defendant's cross motion to compel discovery.


ORDERED that order is reversed without costs, defendant's cross motion to compel plaintiff to provide discovery, including the production of Dr. Ronald Collins for a deposition, is granted, except for such matters as are palpably improper or privileged, and plaintiff's motion for summary judgment is denied.

For the reasons stated in RLC Med., P.C. a/a/o Roddel West v Allstate Ins. Co. ( Misc 3d , 2010 NY Slip Op [Appeal No. 2009-285 K C], decided herewith),
defendant's cross motion is granted to the extent indicated and plaintiff's motion for summary judgment is denied without prejudice to renewal upon completion of discovery.

Golia, J.P., Weston and Rios, JJ., concur.
Decision Date: April 08, 2010