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V.S. MEDICAL SERVICES, P.C. v. NEW YORK CENT. MUT. INS.

2007-97 Q C.

2008 NY Slip Op 51473 (U)

V.S. MEDICAL SERVICES, P.C. as assignee of MIRIAM MALDONADO, Respondent, v. NEW YORK CENTRAL MUTUAL INSURANCE, Appellant.

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

Decided April 29, 2008.

In this action to recover first-party no-fault benefits for health care services rendered to its assignor, defendant moved to compel the appearance for deposition of, among others, plaintiff's treating physician. The court granted the motion to the extent that plaintiff was ordered to provide the treating physician by a date certain. The order further provided that the court would dismiss the complaint if plaintiff failed to comply with the order. Defendant then served a...

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