Opinion
570094/07.
Decided on June 21, 2007.
Defendant, as limited by the briefs, appeals from so much of an order of the Civil Court, Bronx County (Julia I. Rodriguez J.), dated October 6, 2005, as denied its motion to compel discovery and granted plaintiff's cross motion for a protective order.
PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ.
Order (Julia I. Rodriguez J.), dated October 6, 2005, insofar as appealed from, reversed, with $10 costs, defendant's motion to compel discovery granted and plaintiff's cross motion for a protective order denied.
Defendant is entitled to discovery pertaining to its defense of fraudulent incorporation ( see Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co. ( 13 Misc 3d 132 [A], 2006 NY Slip Op 51890 [2006]).
THIS CONSTITUTES THE ORDER AND DECISION OF THE COURT.
I concur I concur I concur