Opinion
2008-569 K C.
Decided June 25, 2009.
Appeal from an order of the Civil Court of the City of New York, Kings County (Delores J. Thomas, J.), entered December 1, 2006. The order, insofar as appealed from, denied defendant's motion to strike the complaint or, in the alternative, to compel discovery.
Order, insofar as appealed from, modified by providing that defendant's motion is granted to the extent of compelling plaintiff to produce its certificate of incorporation and serve answers providing the information demanded in items numbered 1, 15, 18, 31, 37-40, and 44-46 of defendant's demand for verified written interrogatories within 60 days of the date of the order entered hereon and, within 30 days thereafter, or on such other date to which the parties may agree, plaintiff shall produce its owner, Valentina Anikeyeva, for an examination before trial; as so modified, affirmed without costs.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
For the reasons stated in Great Wall Acupuncture v State Farm Mut. Auto. Ins. Co. ( 20 Misc 3d 136[A], 2008 NY Slip Op 51529[U] [App Term, 2d 11th Jud Dists 2008]), the order is modified as set forth above.
Pesce, P.J., and Rios, J., concur.
Golia, J., concurs in a separate memorandum.
I am constrained to agree with the ultimate disposition in the decision reached by the majority. I wish to note that I do not agree with certain propositions of law set forth in cases cited therein which are inconsistent with my prior expressed positions and generally contrary to my views as expressed in Great Wall Acupuncture v State Farm Mut. Auto. Ins. Co. ( 20 Misc 3d 136[A], 2008 NY Slip Op 51529[U] [App Term, 2d 11th Jud Dists 2008]). Moreover, I would be inclined to provide that the examination before trial be held at a specified location and date, or on such other date and location to which the parties may agree, but in no event beyond 90 days from the date of the entry of this court's order.