It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Contrary to the contention of plaintiffs, Supreme Court did not abuse its discretion in denying their motion to preclude the expert testimony of defendant's independent medical examination (IME) physician. Preclusion for failure to comply with CPLR 3101 (d) is improper where there is no evidence of intentional or willful failure...
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