Opinion
2007-1991 K C.
Decided February 13, 2009.
Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered October 29, 2007. The order, insofar as appealed from, denied plaintiff's motion to, inter alia, compel the deposition of defendant.
Order, insofar as appealed from, reversed without costs and plaintiff's motion granted to the extent that defendant is ordered to appear for a deposition within 30 days of the date of the order entered hereon.
PRESENT: PESCE, P.J., WESTON PATTERSON and STEINHARDT, JJ.
In this action to recover assigned first-party no-fault benefits, plaintiff moved to, inter alia, compel the deposition of defendant. Defendant failed to oppose plaintiff's motion or to seek a protective order. Accordingly, the motion should have been granted to the extent of compelling defendant to appear for a deposition ( see Crossbay Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. , 15 Misc 3d 110 , 112 [App Term, 2d 11th Jud Dists 2007]).
Pesce, P.J., Weston Patterson and Steinhardt, JJ., concur.