The court providently exercised its discretion in considering defendants' medical reports. Although they were first disclosed after the filing of the note of issue and certificate of readiness, plaintiff cannot claim prejudice where defendants' summary judgment motion had been adjourned, at plaintiff's request, to provide her with the opportunity to obtain medical evidence to formulate her opposition (see Serbia v Mudge,
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HERMAN v. MOORE
10251, 301234/09.
106 A.D.3d 666 (2013)
967 N.Y.S.2d 25
2013 NY Slip Op 3925
SALLIE M. HERMAN, Respondent, v. GERALD J. MOORE et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 30, 2013.
Decided May 30, 2013.
Appellate Division of the Supreme Court of New York, First Department.
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