Paul N. Greenberg, D.P.M., P.C. v. Montalvo

Order, Supreme Court, New York County (Edward Lehner, J.), entered July 31, 2001, denying plaintiffs motion for summary judgment or, in the alternative, an order sanctioning defendant for noncompliance with court-ordered discovery, unanimously affirmed, without costs.

In this action between podiatrists to recover amounts allegedly billed to insurance carriers in defendant’s name for services rendered by defendant to plaintiff’s patients, which amounts, pursuant to the agreement alleged by plaintiff, should have been assigned by defendant to plaintiff, summary judgment, sought upon the ground…