Opinion
2007-1428 K C.
Decided September 29, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered July 26, 2007. The order granted defendant's motion to vacate the notice of trial and to direct plaintiff to respond to defendant's discovery demands and appear for an examination before trial with respect to defendant's defense based upon plaintiff's alleged fraudulent incorporation.
Order affirmed without costs.
PRESENT: PESCE, P.J., RIOS and STEINHARDT, JJ.
For the reasons stated in First Aid Occupational Therapy, PLLC as assignee of Morris Dennis v State Farm Mut. Auto. Ins. Co. (___ Misc 3d ___, 2008 NY Slip Op [No. 2007-1353 K C], decided herewith), the order is affirmed.
Pesce, P.J., Rios and Steinhardt, JJ., concur.