Depositions of medical providers

Farshad D. Hannanian, M.D., P.C. v Allstate Ins. Co., 2015 NY Slip Op 51133(U)(App. Term 2d Dept. 2015)

“In this action by a provider to recover assigned first-party no-fault benefits, six days after plaintiff served a motion seeking summary judgment, defendant served a notice of deposition of plaintiff’s assignor’s treating provider. Plaintiff timely objected, arguing, among other things, that disclosure was stayed pursuant to CPLR 3214 (b). Immediately after plaintiff’s assignor’s treating provider failed to appear for the deposition, defendant moved to compel plaintiff to, among other things, produce plaintiff’s assignor’s treating provider for a deposition. Plaintiff cross-moved, inter alia, for a protective order pursuant to CPLR 3013 and to strike defendant’s notice to take deposition on the ground that the notice to take deposition was palpably improper. Insofar as is relevant to this appeal, by order entered January 7, 2014, the Civil Court granted the branch of defendant’s motion seeking to compel plaintiff’s treating provider to appear for a deposition and denied plaintiff’s cross motion. This appeal by plaintiff ensued.”

“CPLR 3101 (a) provides for “full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof.” Parties to an action are entitled to reasonable discovery “of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity” (Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 ; see Traditional Acupuncture, P.C. v State Farm Ins. Co., 24 Misc 3d 129, 2009 NY Slip Op 51335 ). Where, as here, defendant is defending this action on the ground that the services rendered lacked medical necessity, the court’s determination that a deposition of plaintiff’s assignor’s treating provider was material and necessary to defendant’s defense was proper”(see Great Health Care Chiropractic, P.C. v Interboro Ins. Co., 41 Misc 3d 130, 2013 NY Slip Op 51737 ; see also CPLR 3214 [court may grant discovery notwithstanding service of a summary judgment motion”

Again, another division between the knee jerk notice of deposition that failed in Ralph Medical and the full breadth of disclosure that the Appellate Term Second Department will allow.

Related Articles

• Understanding discovery stays and protective orders in no-fault provider litigation
• Building strong opposition to medical necessity summary judgment motions with proper evidence
• When medical evidence and expert testimony face procedural challenges
• Understanding medical necessity standards and evidentiary requirements
• New York No-Fault Insurance Law

Legal Update (February 2026): Since this 2015 post, New York’s no-fault regulations and CPLR discovery provisions may have been amended, particularly regarding deposition procedures for medical providers and summary judgment motion stays under CPLR 3214(b). Additionally, fee schedules and procedural requirements for provider depositions in no-fault cases may have been updated through regulatory changes or subsequent case law developments. Practitioners should verify current CPLR provisions and no-fault regulatory requirements before relying on the procedural framework discussed in this post.