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BERMEJO v. NYC HEALTH & HOSPS

2013-08378, 2013-08379, 2013-08380

135 A.D.3d 116 (2015)

21 N.Y.S.3d 78

2015 NY Slip Op 08374

MANUEL BERMEJO, Respondent, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION et al., Defendants, and IBEX CONSTRUCTION, LLC, et al., Appellants. (And Another Action and Third-Party Actions.)

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

Decided November 18, 2015.

Attorney(s) appearing for the Case

Andrea G. Sawyers and Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Timothy R. Capowski and Deirdre E. Tracey , of counsel), for appellant Ibex Construction, LLC.

London Fischer, LLP, New York City ( Richard L. Mendelsohn of counsel), for appellant Amsterdam & 76th Associates, LLC.

Constantinidis & Associates, P.C. and Lynn, Gartner, Dunne & Covello, LLP, Mineola ( Joseph Covello and Kenneth L. Gartner , of counsel), for respondent.

MASTRO, J.P., MILLER and MALTESE, JJ., concur.

OPINION OF THE COURT

Prior to the trial on the issue of damages in this personal injury action, the plaintiff's trial attorney surreptitiously videotaped an independent medical examination (hereinafter IME) conducted by an orthopedist retained by the defendant Ibex Construction, LLC...

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