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METRO. IMAGING v. STATE FARM

7 Misc.3d 675 (2005)

790 N.Y.S.2d 373

METROPOLITAN RADIOLOGICAL IMAGING, P.C., as Assignee of WILLIAM TAYLOR, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. (And Five Other Actions.)

Civil Court of the City of New York, Queens County.

February 17, 2005.

Attorney(s) appearing for the Case

Rossillo & Licata, P.C., Garden City (Tara K. DeMaio of counsel), and Devitt Spellman Barrett, LLP, Smithtown (William J. Barrett of counsel), for State Farm Mutual Automobile Insurance Co. and another, defendants.

Carman, Callahan & Ingham, LLP, Farmingdale (Demetrios A. Bothios of counsel), for General Assurance Insurance Co., defendant.

Freiberg & Peck, LLP, New York (Erika Tobias of counsel), for Progressive Northeastern Insurance Co., defendant.

OPINION OF THE COURT

CHARLES J. MARKEY, J.

The instant controversy raises issues of immense importance governing the permissible scope of discovery in litigation for no-fault first-party benefits. To illustrate the significance of the legal issues posed, this court has consolidated six motions only for purposes of this decision.

The six cases have several common denominators. An insurer has served multiple discovery notices on a plaintiff assignee...

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