Bay Plaza Chiropractic v. State Farm Mutual Automobile Ins. Co

In Bay Plaza Chiropractic v. State Farm Mutual Automobile Ins. Co., 2008 NY Slip Op 51925[U], 21 Misc 3d 1102[A], 873 N.Y.S.2d 231 (Civil Ct., Richmond Co.2008) the Court addressed the issue of what constitutes a sufficient showing for purposes of allowing defendant additional discovery into plaintiff's matters to determine if it is fraudulently incorporated. There, the defendant submitted an affidavit from its Special Investigations Unit ("SIU") investigator with personal knowledge of the investigation as well as other documentation which included clearly marked insurance claim forms evidencing duplicative claims and even of more importance, affirmation from defendant's attorney, explaining the logical connection between the plaintiff and fraud. Accordingly, the Court found that defendant has articulated a "founded belief" that plaintiff is actually controlled by a non-licensed professional and made allegations sufficient to raise an issue of fact as to whether plaintiff was fraudulently incorporated.