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

552N, 650569/14.

137 A.D.3d 582 (2016)

26 N.Y.S.3d 694

2016 NY Slip Op 01922

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

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

Decided March 17, 2016.

It is undisputed that petitioner's second follow-up request for an examination under oath was sent 11 days after respondent failed to appear on the date set in the first request and that the 10th day fell on a Sunday (see 11 NYCRR 65-3.6 [b]). Plaintiff was entitled to an extension of time to the next business day to send its second follow-up request (see General Construction Law...

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