Legal Opinion

All-County Medical & Diagnostic P.C. v. Progressive Casualty Insurance

Nassau County District Court

Decided May 13, 2005Published

1Opinion of the Court

OPINION OF THE COURT

Scott Fairgrieve, J.

*617The defendant moves for an order pursuant to CPLR 3042 (c) compelling the plaintiff to respond to the defendant’s demand for a bill of particulars and for an order pursuant to CPLR 3124 compelling the plaintiff to produce a witness for examination before trial, or, in the alternative, to strike the plaintiff s pleadings for noncompliance. The plaintiff opposes the defendant’s motion.

The defendant’s motion to strike the plaintiffs complaint for plaintiffs failure to respond to the defendant’s demand for a bill of particulars is denied as moot, as the…

2Cases cited16 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  3. General Accident Insurance Group v. CirucciNew York Court of Appeals · 1979
  4. Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
  5. Mount Sinai Hospital v. Triboro Coach, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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