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LENNON v. METRO NORTH COMMUTER RAILROAD COMPANY

51 A.D.3d 432 (2008)

856 N.Y.S.2d 610

ELEANORE LENNON, Respondent, v. METRO NORTH COMMUTER RAILROAD COMPANY et al., Defendants, and MARK S. ARGINTEANU, M.D., Appellant.

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

Decided May 1, 2008.

We deem the notice of appeal to be a motion for leave to appeal and grant such leave (CPLR 5701 [c]; see Serradilla v Lords Corp., 12 A.D.3d 279 [2004]). Plaintiff commenced an action against her employer pursuant to the Federal Employers' Liability Act (FELA). An independent medical examination (IME) was conducted by defendant-appellant, then a nonparty. Thereafter, plaintiff took the nonparty deposition of appellant, who, without...

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