PALACIOS v. NEW YORK CITY TRANSIT AUTHORITY


50 A.D.3d 520 (2008)

856 N.Y.S.2d 95

SEBASTIANA PALACIOS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided April 24, 2008.


Defendants admittedly, although claiming clerical error, continued to schedule IMEs with plaintiff after her failure to attend the June 15, 2006 IME that had been scheduled pursuant to June 1, 2006 conditional order of dismissal, during the pendency of the parties' respective motions pertaining to that order. There is a bona fide dispute whether plaintiff appeared for, but was turned away from, the first such IME, which was scheduled for September 7, 2006, the very day that...

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