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WEISSMAN v. 20 EAST 9TH STREET CORPORATION

48 A.D.3d 242 (2008)

852 N.Y.S.2d 67

JOEL WEISSMAN, as Trustee of the Faye Levine Supplemental Needs Trust and as Executor of Lillian H. Levine, Deceased, et al., Appellants-Respondents, v. 20 EAST 9TH STREET CORPORATION, Respondent-Appellant.

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

Decided February 7, 2008.

Supreme Court, as we have encouraged trial courts to do (see Figdor v City of New York, 33 A.D.3d 560 [2006]), actively supervised disclosure and employed a proactive approach in dealing with plaintiffs' failure to produce plaintiff Faye Levine for an independent medical examination by defendant's psychiatrist. Nevertheless, under the unusual circumstances of this case, we are constrained to modify the order dismissing the complaint...

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