Opinion
07-280.
Decided March 27, 2008.
Plaintiff, as limited by its brief, appeals from an order of the Civil Court of the City of New York, Bronx County (Laura G. Douglas, J.), entered March 7, 2007, which granted defendant's motion to strike the notice of trial and to compel discovery.
PRESENT: McKEON, J.P., SCHOENFELD, HEITLER, JJ.
Order (Laura G. Douglas, J.), entered March 7, 2007, affirmed, without costs.
Defendant's documentary submissions in support of its motion to strike the notice of trial and compel discovery sufficed to demonstrate "good cause" ( State Farm Mut. Auto. Ins. Co. v Mallela , 4 NY3d 313 , 322) with regard to its defense that plaintiff is fraudulently incorporated in violation of Business Corporation Law §§ 1507 and 1508. Defendant thus demonstrated entitlement to disputed disclosure pertaining to said defense, including the deposition of plaintiff's alleged owner ( see Continental Med. Acupuncture Servs., P.C. v Travelers Ins. Co., 13 Misc 3d 132[A], 2006 NY Slip Op 51890[U] [2006]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur