GUERRA v. McBEAN

14787N, 308845/12

127 A.D.3d 462 (2015)

4 N.Y.S.3d 526

2015 NY Slip Op 03046

VICTORIA GUERRA et al., Respondents, v. LESLIE McBEAN et al., Appellants.

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

Decided April 9, 2015.


Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered on or about July 15, 2014, which denied defendants' motion to compel plaintiffs to appear for further orthopedic examinations, unanimously affirmed, without costs.

Defendants failed to establish that plaintiffs' representative's presence at their physical examinations deprived defendants of the ability to conduct meaningful examinations (see CPLR 3121 [a]; Tucker v Bay Shore Stor. Warehouse...

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