MARKS v. MORRISON


275 A.D.2d 1027 (2000)

714 N.Y.S.2d 167

ELLEN J. MARKS, Appellant, v. KATIE L. MORRISON et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided September 29, 2000.


Order unanimously reversed on the law without costs, motion denied and note of issue reinstated.

Memorandum:

Supreme Court erred in granting defendants' motion to vacate the note of issue unless plaintiff agrees to submit to an independent medical examination (IME) within 30 days. It is well established that, "absent special, unusual or extraordinary circumstances spelled out factually, the motion court lacks discretion to permit further discovery after the...

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