Opinion
570520/07.
Decided February 20, 2008.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Francis M. Alessandro, J.), entered June 12, 2007, which denied its motion to vacate the notice of trial and compel discovery.
Order (Francis M. Alessandro, J.), entered June 12, 2007, reversed, with $10 costs, and defendant's motion to vacate the notice of trial and compel discovery is granted.
PRESENT: McKEON, P.J., DAVIS, SCHOENFELD JJ.
Defendant's documentary submissions in support of its motion to strike the notice of trial and 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 plaintiff is fraudulently incorporated in violation of Business Corporation Law §§ 1507 and 1508. Defendant is therefore entitled to outstanding disclosure pertaining to that defense, including the depositions of plaintiff's alleged owner and the assignor's treating physician ( see Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co., 13 Misc 3d 132 [A], 2006 NY Slip Op 51890[U] [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur