J.K.M. Med. Care, P.C. v USAA Cas. Ins. Co. (2017 NY Slip Op 51090(U))

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J.K.M. Med. Care, P.C. v USAA Cas. Ins. Co.

2017 NY Slip Op 51090(U) [56 Misc 3d 139(A)]

Decided on August 18, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 18, 2017

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : MICHELLE WESTON, J.P., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2015-2049 K C

J.K.M. Medical Care, P.C., as Assignee of Gethro Louis Jean, Appellant,

against

USAA Casualty Insurance Company, Respondent.

Law Offices of Melissa Betancourt, P.C. (Melissa Betancourt, Esq.), for appellant. McDonnell, Adels & Klestzick, PLLC (Linda A. Mule, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Theresa M. Ciccotto, J.), entered June 1, 2015. The order, insofar as appealed from, granted a motion by defendant to the extent of striking the notice of trial and compelling plaintiff to provide responses to specified discovery demands.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

For the reasons stated in K.O. Med., P.C., as Assignee of McIntosh Crystal v USAA Cas. Ins. Co. (___ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2015-2025 K C], decided herewith), the order, insofar as appealed from, is affirmed.

WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk

Decision Date: August 18, 2017