Albatros Med. v. GEICO

CourtNew York Civil Court
Citation766 N.Y.S.2d 309,196 Misc.2d 656
Decision Date21 July 2003
PartiesALBATROS MEDICAL, P.C., as Assignee of ALLISON GOODING and Others, Plaintiff,<BR>v.<BR>GOVERNMENT EMPLOYEES INS. CO., Defendant. (And Eight Other Actions.)

196 Misc.2d 656
766 N.Y.S.2d 309

ALBATROS MEDICAL, P.C., as Assignee of ALLISON GOODING and Others, Plaintiff,
v.
GOVERNMENT EMPLOYEES INS.
CO., Defendant. (And Eight Other Actions.)

July 21, 2003.


Teresa Spina, Woodbury (Jeanne M. Salmon of counsel), for defendant.

Barker & Barshay, LLP, Hauppauge (Robert Baker of counsel), for plaintiff.

OPINION OF THE COURT

EDGAR G. WALKER, J.

Before the court are nine motions seeking the identical relief in nine separate actions. All of the actions are to recover the payment of medical fees pursuant to the New York State No-Fault Insurance Laws and applicable regulations. Government Employees Insurance Company is the defendant in all the actions. The plaintiffs are various medical providers all represented by the same law firm. Defendant seeks to compel the examination before trial of the plaintiffs where the

[196 Misc.2d 657]

plaintiffs are the assignee medical providers in the actions. In opposition, the plaintiff has cross-moved for a protective order.

Generally, the trial court has broad discretion in granting or denying disclosure, although it must balance the needs of the party seeking discovery against such opposing interests as expedition and confidentiality. (Matter of Town of Pleasant Val. v New York State Bd. of Real Prop. Servs., 253 AD2d 8 [1999].) The test for disclosure is one of usefulness and reason. (Allen v Crowell-Collier Publ. Co., 21 NY2d 403 [1968].) Discovery should be allowed if the information sought is sufficiently related to the issues in litigation to make the effort to obtain it in preparation for trial reasonable. (Id.) It is reasonable to assume that the plaintiff may have information that could help the defendant prepare its case.

In pursuit of its protective order the plaintiff cites Professor Siegel arguing that where the amount in controversy is small, disclosure should be limited. The court notes that in none of the cases covered by this decision, in which plaintiff has submitted the identical boiler plate papers, does the plaintiff allege the amount at issue or why plaintiff's deposition would be unduly burdensome. While the court is aware that many no-fault cases involve claims in the low hundreds of dollars, all of the instant actions involve thousands and tens of thousands of dollars. Together with statutory interest and attorney's fees that can more than double the amount of any judgment, these claims can hardly be considered minor in a court of limited jurisdiction...

To continue reading

Request your trial
8 practice notes
  • Ostia Med., PC v. Government Empls. Ins. Co., 2003 NY Slip Op 51560(U) (NY 12/26/2003), 51560.
    • United States
    • United States Court of Appeals (New York)
    • December 26, 2003
    ...in no-fault cases are simple, thereby obviating the need for an EBT of the medical provider (see, Albatros Medical PC v. GEICO, 196 Misc.2d 656, 766 N.Y.S.2d 309 [NY City Civil Ct 2003]). In Albatros, the Court held that a medical provider is required to submit to an EBT in a no-fault Lastl......
  • Behavioral Diagnostics v. Allstate Ins. Co., 2004 NY Slip Op 24041 (NY 2/11/2004)
    • United States
    • United States Court of Appeals (New York)
    • February 11, 2004
    ...litigation on the issue confirms the comment of one court that it is not a "simple" issue (Albatros Med. v. Government Empls. Ins. Co., 196 Misc 2d 656 [Civ Ct, Queens County 2003]). The determination of the issue turns on credibility (General Psychiatric Evaluation & Care v. Kemper Ins. Co......
  • BEHAVIORAL v. Allstate Ins. Co.
    • United States
    • New York Civil Court
    • February 11, 2004
    ...litigation on the issue confirms the comment of one court that it is not a "simple" issue (Albatros Med. v Government Empls. Ins. Co., 196 Misc 2d 656 [Civ Ct, Queens County 2003]). The determination of the issue turns on credibility (General Psychiatric Evaluation & Care v Kemper Ins. Co.,......
  • Socrates Servs v. Progressive, No. 87554/2003
    • United States
    • New York Civil Court
    • March 15, 2005
    ...In a seminal case during the proliferation of no-fault first-party benefits litigation, Albatros Med. v Government Empls. Ins. Co. (196 Misc 2d 656 [Civ Ct, Queens County 2003]), discussed in further detail below, Baker Barshay was unsuccessful in arguing to Judge Edgar G. Walker that EBTs ......
  • Request a trial to view additional results
8 cases
  • Ostia Med., PC v. Government Empls. Ins. Co., 2003 NY Slip Op 51560(U) (NY 12/26/2003), 51560.
    • United States
    • United States Court of Appeals (New York)
    • December 26, 2003
    ...in no-fault cases are simple, thereby obviating the need for an EBT of the medical provider (see, Albatros Medical PC v. GEICO, 196 Misc.2d 656, 766 N.Y.S.2d 309 [NY City Civil Ct 2003]). In Albatros, the Court held that a medical provider is required to submit to an EBT in a no-fault Lastl......
  • Behavioral Diagnostics v. Allstate Ins. Co., 2004 NY Slip Op 24041 (NY 2/11/2004)
    • United States
    • United States Court of Appeals (New York)
    • February 11, 2004
    ...litigation on the issue confirms the comment of one court that it is not a "simple" issue (Albatros Med. v. Government Empls. Ins. Co., 196 Misc 2d 656 [Civ Ct, Queens County 2003]). The determination of the issue turns on credibility (General Psychiatric Evaluation & Care v. Kemper Ins. Co......
  • BEHAVIORAL v. Allstate Ins. Co.
    • United States
    • New York Civil Court
    • February 11, 2004
    ...litigation on the issue confirms the comment of one court that it is not a "simple" issue (Albatros Med. v Government Empls. Ins. Co., 196 Misc 2d 656 [Civ Ct, Queens County 2003]). The determination of the issue turns on credibility (General Psychiatric Evaluation & Care v Kemper Ins. Co.,......
  • Socrates Servs v. Progressive, No. 87554/2003
    • United States
    • New York Civil Court
    • March 15, 2005
    ...In a seminal case during the proliferation of no-fault first-party benefits litigation, Albatros Med. v Government Empls. Ins. Co. (196 Misc 2d 656 [Civ Ct, Queens County 2003]), discussed in further detail below, Baker Barshay was unsuccessful in arguing to Judge Edgar G. Walker that EBTs ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT