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GOKEY v. DeCICCO

24 A.D.3d 860 (2005)

804 N.Y.S.2d 870

BRIAN GOKEY, Appellant, v. JAMES A. DeCICCO et al., Respondents.

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

December 1, 2005.

CARDONA, P.J.

Plaintiff commenced this action seeking damages for personal injuries he allegedly sustained when the vehicle he was riding in was struck from behind by a vehicle owned and/or operated by defendants. Based on plaintiff's subsequent failure to attend two scheduled independent medical examinations (hereinafter IME; see CPLR 3121), defendants moved to strike the complaint or, in the alternative, to compel plaintiff to appear for an IME (see

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