Why Trust This Analysis
This article is part of our ongoing discovery coverage, with 98 published articles analyzing discovery issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Court Allows Discovery Depositions in No-Fault Insurance Case
The discovery process in New York no-fault insurance litigation has seen significant evolution over the years. Courts have grappled with balancing insurers’ rights to defend claims against excessive treatment and fee schedule violations while preventing abuse of the discovery process. A recent appellate decision demonstrates how courts are refining their approach to discovery requests, particularly regarding depositions of medical providers.
The tension between comprehensive discovery rights and practical case management becomes especially apparent when motions for summary judgment are denied pending disclosure. This case represents an important shift in judicial thinking about the scope of permissible discovery in no-fault cases.
Jason Tenenbaum’s Analysis:
Acupuncture Approach, P.C. v New York Cent. Mut. Fire Ins. Co., 2017 NY Slip Op 50340(U)(App. Term 1st Dept. 2017)
Free Consultation · No Fee Unless We Win
Does this apply to your situation?
Every case is different. Get a free, confidential case review from an experienced attorney who can tell you exactly where you stand.
“We find no abuse of discretion in the grant of defendant’s motion to compel plaintiff to produce witnesses for deposition. Defendant preserved its excessive treatment and fee schedule defenses in the NF-10 denial of claim forms and demonstrated that the discovery sought was material and necessary to the defense of the action (see Megacure Acupuncture, P.C. v Lancer Ins. Co., 41 Misc 3d 139, 2013 NY Slip Op 51994 ; Arco Med. NY, P.C. v Lancer Ins. Co., 37 Misc 3d 136, 2012 NY Slip Op 52178 ). Unlike the situation in Ralph Med. Diagnostics, PC v Mercury Cas. Co. (43 Misc 3d 65 ), the discovery sought herein is neither unreasonable nor duplicative of information already provided.”
**It appears the court backed off from Ralph Medical (which makes sense because once you place a case in court, you are stuck with all of CPLR 3101). The analogue to ralph (Arnica v. Interboro), the deposition demand was struck despite the provider not providing any discovery. Clearly, someone woke up here.
Key Takeaway
This decision marks a notable departure from the restrictive Ralph Medical precedent, recognizing that parties who enter litigation must accept the full scope of CPLR discovery rules. The court appropriately balanced insurers’ legitimate need to defend excessive treatment claims with protection of medical facilities from unreasonable discovery demands, creating a more workable framework for no-fault litigation discovery.
Legal Update (February 2026): Since this 2017 post, New York’s no-fault fee schedules have undergone multiple regulatory updates, and procedural rules governing discovery in no-fault cases may have been modified through subsequent appellate decisions and Insurance Department regulations. Practitioners should verify current fee schedule provisions under 11 NYCRR Part 65 and recent case law interpreting CPLR 3101 in the no-fault context, as both reimbursement rates and discovery scope limitations may have evolved significantly.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Discovery Practice in New York Courts
Discovery is the pre-trial process through which parties exchange information relevant to the dispute. In New York, discovery practice is governed by CPLR Article 31 and involves depositions, interrogatories, document demands, and physical examinations. Disputes over the scope of discovery, compliance with demands, and sanctions for noncompliance are frequent in both no-fault and personal injury cases. These articles analyze discovery rules, court decisions on discovery disputes, and strategies for effective discovery practice.
98 published articles in Discovery
Keep Reading
More Discovery Analysis
Litigation Funding Disclosure in New York: What Lituma v. Liberty Coca-Cola Means for Both Bars — and for Injured Clients
A NY appellate court allowed defendants to discover third-party litigation funding in a personal injury suit. What Lituma means for both bars and claimants.
Jun 14, 2026Another Discovery
Appellate Term ruling on discovery objections shows courts won't disturb trial court discretion when defendants fail to timely object within CPLR's 20-day period.
May 22, 2021Waiting can cost you
NY appellate court upholds trial court's refusal to vacate note of issue when defendants waited too long to seek discovery, including tax returns and social media data.
Apr 3, 2020CPLR 3101(d) Expert Disclosure: How Much Detail Is Enough? (Conway v Elite Towing)
Conway v Elite Towing: CPLR 3101(d) expert disclosure need only state the substance of the expert's facts and opinions, not every specific fact, in NY cases.
Feb 3, 2016Mallela based disclosure granted
Court grants discovery motion to determine if medical provider meets licensing requirements under Mallela defense, vacating premature trial notice.
Oct 27, 2013It is facebook – split decision
Appellate Division ruling on Facebook discovery in personal injury cases - court denies overly broad social media account access requests
Nov 21, 2010Was this article helpful?
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a discovery matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.