December 14, 2015

Prepetit Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51879(U))

Headnote

The court considered an appeal from an order in a case where Prepetit Medical, P.C. sought to recover assigned first-party no-fault benefits from Allstate Insurance Company. The main issue was whether the lower court properly granted the branch of defendant's motion seeking to compel the plaintiff to appear for a deposition. The court's holding was that the order, insofar as appealed from, is affirmed, with $25 costs. This decision was based on the reasoning and decision in a previous case involving similar circumstances, Farshad D. Hannanian, M.D., P.C. v Allstate Ins. Co., and was supported by the concurring judges.

Reported in New York Official Reports at Prepetit Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51879(U))

Prepetit Med., P.C. v Allstate Ins. Co. (2015 NY Slip Op 51879(U)) [*1]

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

2015 NY Slip Op 51879(U) [50 Misc 3d 128(A)]

Decided on December 14, 2015

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 14, 2015

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : ALIOTTA, J.P., PESCE and SOLOMON, JJ.
2014-539 Q C

Prepetit Medical, P.C. as Assignee of Maria Padilla, Appellant,
against
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 NY 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.

Decision Date: December 14, 2015