Wednesday, July 10, 2013

Show me the junk


Carrington v Truck-Rite Dist. Sys. Corp.03 AD3d 606 (2nd Dept. 2013)

Here, the fact that the defendants' examining physician was arrested and temporarily surrendered his medical license subsequent to his examination of the plaintiff and the filing of the note of issue did not justify an additional examination by another physician. The defendants' concern that the plaintiff may impeach the examining physician's credibility with this information was not a sufficient basis to compel a second examination (see Schissler v Brookdale Hosp. Ctr., 289 AD2d at 470; Futersak v Brinen, 265 AD2d 452 [1999]).

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