Midisland Medical sued for the value of services provided to two of New York Mutual Insurance Company's policyholders.
Under an agreement reached in court, Midisland was required to turn over certain evidence it had about its claims or the company would be precluded from using that information at trial.
Because it never received the documentation, NY Mutual sought to have the case thrown out. When the Queens County Civil Court granted that request, Midisland appealed.
Because the company failed to offer a "reasonable excuse" for its failure to produce the information, the Appellate Term, Second Department, affirmed the dismissal.
Was there no middle ground for Midisland?
To view a copy of the Appellate Term's decision, please use this link: Midisland Med. PLLC v. NY Cent. Mut. Ins. Co.