| All Boro Psychological Servs., P.C. v Allstate Ins. Co. |
| 2013 NY Slip Op 51736(U) [41 Misc 3d 130(A)] |
| Decided on October 8, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County
(Alan L. Lebowitz, J.H.O.), entered June 28, 2011. The order, insofar as appealed from,
denied the branch of plaintiff's motion seeking to compel defendant to produce its
Special Investigation Unit file and granted defendant's cross motion to dismiss the
complaint pursuant to CPLR 3126 or, in the alternative, to compel plaintiff to respond to
its discovery demands, to the extent of compelling plaintiff to respond to defendant's
discovery demands and to produce Dr. John Braun and Vladimir Grinberg for
depositions.
ORDERED that the order, insofar as appealed from, is modified by providing that the branch of plaintiff's motion seeking to compel defendant to produce its Special Investigation Unit file is granted; as so modified, the order, insofar as appealed from, is affirmed, without costs.
As the pertinent facts in this case are the same as those in All Boro Psychological Servs., P.C. as Assignee of Earl Davis v Allstate Ins. Co. (40 Misc 3d 131[A], 2013 NY Slip Op 51124[U] [Appeal No. 2011-2316 K C]), for the reasons stated in that case, the order, insofar as appealed from, is modified by providing that the branch of plaintiff's motion seeking to compel defendant to produce its Special Investigation Unit file is granted.
Pesce, P.J., Aliotta and Solomon, JJ., concur.
Decision Date: October 08, 2013