BRINSON v. POD

2014-02918, 2014-07866

129 A.D.3d 1005 (2015)

12 N.Y.S.3d 201

2015 NY Slip Op 05432

HENRY BRINSON, Appellant, v. CURTIS POD et al., Respondents.

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

Decided June 24, 2015.


In an action to recover damages for personal injuries, the plaintiff appeals from (1) an order of the Supreme Court, Orange County (Bartlett, J.), dated December 17, 2013, which granted that branch of the unopposed motion of the defendants Kristen Smith, also known as Kristen Barone, Mark Barone, and Virginia Barone which was pursuant to CPLR 3126 to preclude him from introducing, at trial, evidence of his injuries based upon his failure to appear at a physical examination...

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