Burden rests on medical provider to show that defense is palpably improper

All Boro Psychological Servs., P.C. v Allstate Ins. Co.,  2013 NY Slip Op 23043 (App. Term 2d Dept. 2013)

“Thus, in the case at bar, defendant was not required to demonstrate that its discovery demands were not palpably improper. Rather, in order to successfully oppose defendant’s cross motion to compel, plaintiff would have had to show that defendant’s defense of billing fraud was precluded because it was not asserted in a timely NF-10 denial of claim form, which plaintiff did not do.”

This is rough.