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MIDBOROUGH v. STATE FARM

13 Misc.3d 58 (2006)

823 N.Y.S.2d 822

MIDBOROUGH ACUPUNCTURE P.C., as Assignee of JOSE NUNEZ, Respondent, v. STATE FARM INS. CO., Appellant.

Supreme Court, Appellate Term, Second Department.

July 26, 2006.

Attorney(s) appearing for the Case

McDonnell & Adels, P.C., Garden City (David S. Rubackin of counsel), for appellant.

Gary Tsirelman, P.C., Brooklyn, 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 granted to the extent of directing that plaintiff shall respond to those discovery demands which seek information regarding whether plaintiff was fraudulently incorporated, within 30 days of the date of the order entered hereon or within such...

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