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LEXINGTON PC v. GENERAL ASSUR.

2010-165 KC.

35 Misc.3d 42 (2012)

944 N.Y.S.2d 686

2012 NY Slip Op 22047

LEXINGTON ACUPUNCTURE, PC., as Assignee of Waltman Nunez and Others, Appellant, v. GENERAL ASSURANCE Co., Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts.

Decided February 21, 2012.

Attorney(s) appearing for the Case

Gary Tsirelman , P.C., Brooklyn, for appellant. McDonnell & Adels, P.L.L.C., Garden City ( James J. Cleary, Jr. , of counsel), for respondent.

RIOS, J.P., and WESTON, J., concur; GOLIA, J., concurs in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order which granted defendant's motion to strike the notice of trial and compel disclosure to the extent of striking the notice of trial unless plaintiff provided discovery of certain financial documents and thereafter...

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