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Five Boro Psychological Servs., P.C. v AutoOne Ins. Co.
2010 NY Slip Op 50657(U) [27 Misc 3d 131(A)]
Decided on April 9, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 9, 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
2009-897 K C.

Five Boro Psychological Services, P.C. a/a/o DIANA FISHLER and TYRONE BODDIE, Appellant,

against

AutoOne Ins. Co., Respondent.


Appeal from an order of the Civil Court of the City of New York, Kings County (Johnny Lee Baynes, J.), entered October 29, 2008. The order, insofar as appealed from, denied plaintiff's motion for summary judgment and granted defendant's cross motion seeking to dismiss the complaint for plaintiff's failure to comply with defendant's discovery demands, or to compel such discovery, to the extent of ordering plaintiff to comply with defendant's discovery demands with respect to plaintiff's corporate status and any other non-precluded issues.


ORDERED that the order, insofar as appealed from, is affirmed without costs.

For the reasons stated in Five Boro Psychological Services, P.C. a/a/o Clarence Osbourne v AutoOne Ins. Co. (____ Misc 3d ____, 2010 NY Slip Op _____ [Appeal No. 2009-292 K C], decided herewith), the order, insofar as appealed from, is affirmed.

Golia, J.P., Weston and Rios, JJ., concur.
Decision Date: April 09, 2010