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ALL-COUNTY MED v. PROGRESSIVE

8 Misc.3d 616 (2005)

795 N.Y.S.2d 434

ALL-COUNTY MEDICAL & DIAGNOSTIC P.C., as Assignee of ELEONORA FRANKEL, Plaintiff, v. PROGRESSIVE CASUALTY INSURANCE CO., Defendant.

District Court of Nassau County, Third District.

May 13, 2005.

Attorney(s) appearing for the Case

Freiberg & Peck, LLP, New York City, for defendant.

Israel, Israel & Purdy, LLP, New York City, for plaintiff.

OPINION OF THE COURT

SCOTT FAIRGRIEVE, J.

The defendant moves for an order pursuant to CPLR 3042 (c) compelling the plaintiff to respond to the defendant's demand for a bill of particulars and for an order pursuant to CPLR 3124 compelling the plaintiff to produce a witness for examination before trial, or, in the alternative, to strike the plaintiff's pleadings for noncompliance. The plaintiff opposes the defendant...

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