SILVERBERG v. GUZMAN


61 A.D.3d 955 (2009)

878 N.Y.S.2d 177

ALICE SILVERBERG, Respondent, v. ANAMARIA GUZMAN et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 28, 2009.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in denying that branch of the defendants' motion which was to compel the plaintiff to submit to a neuropsychological examination, made more than six months after the note of issue had been filed. The record supports the conclusion that the defendants were aware from the outset of the litigation that the mental state of the 80-year...

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