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ENCOMPASS INSURANCE COMPANY v. ROCKAWAY FAMILY MEDICAL CARE, P.C.

551, 151707/14.

137 A.D.3d 582 (2016)

26 N.Y.S.3d 697

2016 NY Slip Op 01921

ENCOMPASS INSURANCE COMPANY, Appellant, v. ROCKAWAY FAMILY MEDICAL CARE, P.C., as Assignee of Sarah Obas, Respondent.

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

Decided March 17, 2016.

Plaintiff satisfied the requirements for a de novo adjudication of this dispute pursuant to Insurance Law § 5106 (c).

Plaintiff's second follow-up request for an examination under oath was sent 11 days after defendant failed to appear on the date set in the first request; the 10th day fell on a Sunday (see 11 NYCRR 65-3.6 [b]). Plaintiff correctly argues that it was entitled to an extension of time to the next business day to send its second follow-up...

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