Appellate Terms of the Supreme Court of New York July 8, 2011 (A.B. Medical Services, PLLC v. Utica Mutual Insurance)

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is reversed, without costs, and the branch of plaintiffs’ motion seeking an order, pursuant to CPLR 3212 (g), deeming certain facts established for all purposes in the action is denied.