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REBOLLO v. NICHOLAS CAB CORP.

14167N, 115289/08.

125 A.D.3d 452 (2015)

2 N.Y.S.3d 471

JULIO REBOLLO, Appellant, v. NICHOLAS CAB CORP. et al., Respondents, et al., Defendants.

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

Decided February 5, 2015.

Plaintiff was not required to appear for an additional IME. Although there is no restriction in CPLR 3121 limiting the number of examinations to which a plaintiff may be subjected, a defendant seeking a further examination must demonstrate the necessity for it (see Chaudhary v Gold, 83 A.D.3d 477, 478 [1st Dept 2011]). Moreover, after a note of issue has been filed, as here, "a defendant...

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