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MIA ACUPUNCTURE v. MERCURY CO.

2008-1758 QC.

26 Misc.3d 39 (2009)

2009 NY Slip Op 29509

894 N.Y.S.2d 321

MIA ACUPUNCTURE, P.C., as Assignee of Noel Kellon, Respondent, v. MERCURY INS. CO., Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 9, 2009.

Attorney(s) appearing for the Case

Picciano & Scahill, P.C., Westbury (Jason Tenenbaum of counsel), for appellant.

Ilona Finkelshteyn, P.C., Brooklyn, for respondent.

RIOS, J.P., PESCE and GOLIA, JJ., concur.

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, defendant served various discovery requests, seeking, among other things, to conduct an examination before trial of plaintiff. Subsequently, defendant served plaintiff's assignor with a notice of deposition and notified plaintiff's counsel...

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