Bonsai Med. Acupuncture v. Chubb Gr.

Full title: BONSAI MEDICAL ACUPUNCTURE, P.C., a/a/o IGOR VOLOTOVSKY…

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

Date published: Mar 13, 2009

2009 N.Y. Slip Op. 50430 (N.Y. App. Term 2009)

Opinion

570510/08.

Decided on March 13, 2009.

Defendant, as limited by the briefs, appeals from so much of an order of the Civil Court, Bronx County (Fernando Tapia, J.), entered February 5, 2008, as denied its cross motion to compel discovery.

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ.

PER CURIAM.

Order (Fernando Tapia, J.), entered February 5, 2008, insofar as appealed from, reversed, with $10 costs, and defendant's cross motion to compel discovery granted.

Defendant is entitled to discovery, including the deposition of Dr. Dipak Nandi, as relevant to its defenses that plaintiff is fraudulently incorporated ( see One Beacon Ins. Group, LLC v Midland Medical Care, P.C. , 54 AD3d 738 ) and that the acupuncture services were provided by an independent contractor ( see Statewide Med. Acupuncture, P.C. v Travelers Ins. Co. , 12 Misc 3d 146 [A], 2008 NY Slip Op 51515[U] [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur Decision Date: March 13, 2009