WIGAND v. MODLIN

2009-09075.

82 A.D.3d 1213 (2011)

919 N.Y.S.2d 868

BRIDGET WIGAND, Appellant, v. SAUL MODLIN, Respondent.

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

Decided March 29, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and, upon reargument, the determination in the order dated April 16, 2009, is vacated, and that branch of the defendant's motion which was to direct the plaintiff to appear for an independent medical examination is denied.

In this action to recover damages for medical malpractice and lack of informed consent, the defendant moved, on the eve of trial, inter alia, to direct the plaintiff...

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