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PICKERING v. UNION 15 RESTAURANT CORP.

10312N, 108057/09.

107 A.D.3d 450 (2013)

966 N.Y.S.2d 431

2013 NY Slip Op 4122

OMAR S. PICKERING, Respondent, v. UNION 15 RESTAURANT CORP., Doing Business as BELMONT LOUNGE, et al., Appellants.

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

Decided June 6, 2013.

The court improvidently exercised its discretion by denying defendants a one-day adjournment to conduct the already scheduled IME, as there is no evidence that the failure to conduct it previously was willful, and no evidence that plaintiff would have been prejudiced by the delay (see Smith v Mousa, 305 A.D.2d 313 [1st Dept 2003]). Moreover, the court could have allowed the IME without...

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