LEXINGTON v. STATE FARM


12 Misc.3d 90 (2006)

820 N.Y.S.2d 385

LEXINGTON ACUPUNCTURE, P.C., as Assignee of WILBER SOTO, Respondent, v. STATE FARM INSURANCE COMPANY, Appellant.

Supreme Court, Appellate Term, Second Department.

June 7, 2006.


Attorney(s) appearing for the Case

McDonnell & Adels, P.C., Garden City (Todd M. Hellman of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn (Darya Klein of counsel), for respondent.

RIOS and BELEN, JJ., concur; GOLIA, J.P., concurs in a separate memorandum.


OPINION OF THE COURT

MEMORANDUM.

Order reversed without costs, plaintiff's motion for summary judgment denied and defendant's cross motion to dismiss the complaint or, in the alternative, compel responses to its discovery demands granted to the extent of directing that plaintiff shall respond to those discovery demands which seek information regarding whether plaintiff was fraudulently incorporated, within...

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