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MD IMAGING v. PROGRESSIVE INS.

22 Misc.3d 228 (2008)

866 N.Y.S.2d 857

MD IMAGING, P.C., Plaintiff, v. PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendant.

Poughkeepsie City Court.

October 31, 2008.

Attorney(s) appearing for the Case

Spiegel, Brown, Fichera & Acard, Poughkeepsie (Michael A. Cote of counsel), for plaintiff.

D'Ambrosio & D'Ambrosio, P.C., Irvington (James J. D'Ambrosio of counsel), for defendant.

OPINION OF THE COURT

KATHERINE A. MOLONEY, J.

The plaintiff is seeking an order to compel disclosure pursuant to CPLR 3124. Plaintiff's motion is supported by the affirmation of Michael A. Cote, Esq., dated August 19, 2008, which alleges that the defendant has failed to disclose, despite due demand, all medical records relating to the scanned body parts as well as all independent medical examination reports...

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