Family Care Acupuncture v. Autoone Ins.

Full title: FAMILY CARE ACUPUNCTURE, P.C. a/a/o BORIS BIRMAN, Plaintiff-Respondent, v…

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

Date published: May 29, 2009

2009 N.Y. Slip Op. 51058 (N.Y. App. Term 2009)

890 N.Y.S.2d 369

Opinion

570509/08.

Decided May 29, 2009.

Defendant, as limited by its briefs, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Lizbeth Gonzalez, J.), entered January 24, 2008, as denied its motion to compel discovery.

Order (Lizbeth Gonzalez, J.), entered January 24, 2008, insofar as appealed from, reversed, with $10 costs, and defendant's motion to compel discovery granted.

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

PER CURIAM.

Defendant is entitled to discovery, including the deposition of plaintiff's alleged owner, as it pertains to its defense of fraudulent incorporation ( see One Beacon Ins. Group, LLC v Midland Med. Care, P.C., 54 AD3d 738).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.