Accurate Med., P.C. v. Travelers Ins. Co.

Full title: ACCURATE MEDICAL, P.C. A/A/O HOE DONG KWAK, Plaintiff-Respondent, v…

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

Date published: Oct 20, 2006

2006 N.Y. Slip Op. 51998 (N.Y. App. Term 2006)

Opinion

Decided October 20, 2006.

Defendant appeals from an order of the Civil Court, Bronx County (Fernando Tapia, J.), entered May 17, 2006, which denied its motion to vacate the notice of trial and statement of readiness.

Order (Fernando Tapia, J.), entered May 17, 2006, affirmed, with $10 costs.

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

PER CURIAM:

In this action seeking recovery of no-fault benefits totaling $1,118.58, the record reveals that defendant served plaintiff with a notice of deposition and written discovery demands in August 2004. Defendant did not object to plaintiff's written interrogatories nor did it avail itself of the opportunity to conduct plaintiff's deposition prior to plaintiff filing a notice of trial in August 2006. Under these circumstances, and in view of defendant's failure to show the need to conduct a deposition, the motion to vacate the notice of trial was properly denied.

This constitutes the decision and order of the court.

I concur.