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ELMONT OPEN MRI & DIAGNOSTIC RADIOLOGY, P.C. v. NEW YORK CENTRAL MUTUAL FIRE INS. CO.

16 Misc.3d 161 (2007)

835 N.Y.S.2d 866

ELMONT OPEN MRI & DIAGNOSTIC RADIOLOGY, P.C., Doing Business as ALL COUNTY OPEN MRI & DIAGNOSTIC RADIOLOGY, as Assignee of KAREN GARCIA, Plaintiff, v. NEW YORK CENTRAL MUTUAL FIRE INS. CO., Defendant.

District Court of Nassau County, First District.

March 30, 2007.

Attorney(s) appearing for the Case

Michael S. Nightingale, Glen Cove, for defendant.

Friedman, Harfenist, Langer & Kraut, Lake Success, for plaintiff.

OPINION OF THE COURT

GARY F. KNOBEL, J.

Motion by defendant for an order directing (1) plaintiff to produce for deposition "a person with personal knowledge of the justification and the necessity of the services rendered to plaintiff in this claim, along with the complete medical file for this patient within twenty days," or (2) dismissing plaintiff's complaint for its willful failure to appear for depositions, is denied in its entirety.

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