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M.V.B. COLLISION, INC. v. ALLSTATE INSURANCE COMPANY

2019-06838. Index No. 11602/12.

187 A.D.3d 884 (2020)

130 N.Y.S.3d 718

2020 NY Slip Op 05737

M.V.B. Collision, Inc., Respondent, v. Allstate Insurance Company, Appellant.

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

Decided October 14, 2020.

Ordered that the order is affirmed, with costs.

The plaintiff, which owned and operated an auto repair shop, commenced this action against the defendant insurer, inter alia, to recover damages for violation of General Business Law § 349. After the plaintiff served expert witness disclosure pursuant to CPLR 3101(d), the defendant moved to preclude the testimony of the plaintiff's expert for failure to comply with that statute or, alternatively, to compel a deposition...

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