A.M. MED. SERVS., P.C. v. PROGRESSIVE CAS. INS. CO.

2006-2060 Q C.

2008 NY Slip Op 51471 (U)

A.M. MEDICAL SERVICES, P.C. as assignee of DARINA PETROVA, Appellant, v. PROGRESSIVE CASUALTY INSURANCE CO., Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided April 29, 2008.


In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for a protective order striking plaintiff's notice to admit. The court below granted defendant's motion in its entirety, and this appeal by plaintiff ensued.

"The supervision of disclosure and the setting of reasonable terms and conditions therefor rests within the sound discretion of the trial court and, absent an improvident exercise of that discretion, its determination...

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