Cont'l Med. Acupuncture Serv. v. Travelers Ins.

Full title: CONTINENTAL MEDICAL ACUPUNCTURE SERVICES, P.C., A/A/O MECHAN RAGHUNANDAN…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Oct 5, 2006

2006 N.Y. Slip Op. 51890 (N.Y. App. Term 2006)

Opinion

570370/06.

Decided October 5, 2006.

In consolidated appeals, plaintiffs appeal from two orders of the Civil Court, Bronx County (Nelida Malave, J.), dated September 6, 2006, and September 26, 2006, which, to the extent appealed from as limited by the briefs, granted defendant's motions to compel discovery.

Orders (Nelida Malave, J.), dated September 6, 2006 and September 26, 2006, affirmed, with $10 costs.

PRESENT: McKEON, J.P., McCOOE, DAVIS, JJ

PER CURIAM:

In these two actions consolidated for purposes of appeal, defendant's documentary submissions in support of its motions to compel discovery sufficed to demonstrate "good cause" ( State Farm Mut. Auto. Ins. Co. v. Mallela, 4 NY3d 313, 322) with regard to its defense that plaintiffs were fraudulently incorporated in violation of Business Corporation Law §§ 1507 and 1508. Defendant is therefore entitled to disclosure pertaining to said defense, including the deposition of plaintiffs' president ( cf. Statewide Med. Acupuncture, P.C. v. Travelers Ins. Co.,, 2006 NY Slip Op 51515[U] [2006]).

This constitutes the decision and order of the court.

I concur.