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DELTA DIAGNOSTIC RADIOLOGY, P.C. v. CHUBB GROUP OF INSURANCE

17 Misc.3d 16 (2007)

847 N.Y.S.2d 322

DELTA DIAGNOSTIC RADIOLOGY, P.C., as Assignee of LIDAINE PHILOGENE, Respondent, v. CHUBB GROUP OF INSURANCE, Appellant.

Supreme Court, Appellate Term, Second Department.

August 20, 2007.

Attorney(s) appearing for the Case

McDonnell & Adels, P.C., Garden City (Zara Friedman of counsel), for appellant.

Ilona Finkelshteyn, Brooklyn (Emilia Rutigliano of counsel), for respondent.

PESCE, P.J., WESTON PATTERSON and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs, order granting plaintiff's cross motion for summary judgment and denying defendant's motion to strike the complaint, or, in the alternative, to compel discovery, vacated, plaintiff's cross motion for summary judgment denied and defendant's motion granted to the extent of compelling plaintiff to serve, within 30 days after the date of the order...

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