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DANTZLER v. 2727 REALTY LLC

62 A.D.3d 412 (2009)

878 N.Y.S.2d 47

ANNETTE DANTZLER, Respondent, v. 2727 REALTY LLC et al., Appellants.

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

Decided May 5, 2009.

When plaintiff, who is suing for an injury to her right knee, appeared at the correct medical office for an orthopedic independent medical examination (IME), the orthopedist who was supposed to examine her was absent, and she was examined instead by a neurologist, although no neurological injuries are claimed. As it appears from the record that this was the result of a mutual misunderstanding of some kind, defendants should be afforded...

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