Prepetit Med., P.C. v. Allstate Ins. Co.

Full title: PREPETIT MEDICAL, P.C. as Assignee of Maria Padilla, Appellant, v…

Court: Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Dec 14, 2015

2015 N.Y. Slip Op. 51879 (N.Y. App. Term 2015)

29 N.Y.S.3d 849

Opinion

No. 2014–539Q C.

12-14-2015

PREPETIT MEDICAL, P.C. as Assignee of Maria Padilla, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered February 26, 2014. The order, insofar as appealed from, granted the branch of defendant's motion seeking to compel plaintiff to appear for a deposition.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from so much of an order of the Civil Court as granted the branch of defendant's motion seeking to compel plaintiff to appear for a deposition.

For the reasons stated in Farshad D. Hannanian, M.D., P.C. v. Allstate Ins. Co. (48 Misc.3d 136[A], 2015 N.Y. Slip Op 51133[U] [App Term, 2d, 11th & 13th Jud Dists 2015] ), the order, insofar as appealed from, is affirmed.

ALIOTTA, J.P., PESCE and SOLOMON, JJ., concur.