T & J Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50406(U)(App. Term 2d Dept. 2015)
“Furthermore, since plaintiff does not claim to have responded in any way to the EUO requests, its objections regarding the EUO requests will not now be heard. Consequently, discovery relevant to the reasonableness of the EUO requests was not necessary for plaintiff to oppose defendant’s motion”
We have seen this before….(and before)…