MANGIONE v. JACOBS

7842/2010.

37 Misc.3d 711 (2012)

950 N.Y.S.2d 457

2012 NY Slip Op 22211

SUSANNA MANGIONE, Plaintiff, v. JULES J. JACOBS et al., Defendants.

Supreme Court, Queens County.

July 31, 2012.


Attorney(s) appearing for the Case

O'Connor, O'Connor, Hintz & Deveney, LLP, Melville ( Ira E. Goldstein of counsel), for Ramabel Limo, Inc. and another, defendants. Mendolia & Stenz, Westbury ( Debra A. Malone and Kevin Flores of counsel), for Jules J. Jacobs, defendant. Chopra & Nocerino, LLP, New York City ( Sameer Chopra and Alex Nocerino of counsel), for plaintiff.


OPINION OF THE COURT

CHARLES J. MARKEY, J.

Motion by defendants Ramabel Limo, Inc., and Glener V. Simbana for summary judgment on the issue of liability and the motion by defendant Jules J. Jacobs, pursuant to CPLR 3126, to dismiss the complaint for plaintiff's failure to submit to independent medical examinations.

This decision raises an issue of first impression under New York law of whether a plaintiff, who has a pending personal injury action...

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