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KATTARIA v. ROSADO

302629/13, 2665N, 2664.

146 A.D.3d 457 (2017)

2017 NY Slip Op 00091

43 N.Y.S.3d 758

AHMED M. KATTARIA, Appellant, v. CLEMENTE ROSADO, Respondent.

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

Decided January 5, 2017.

The motion court providently exercised its discretion when it granted defendant's timely motion directing plaintiff to resubmit to a medical examination by defendant's designated physician, post-note of issue, in accordance with 22 NYCRR 202.21 (e) (see Andon v 302-304 Mott St. Assoc., 94 N.Y.2d 740, 745 [2000]), and defendant did not need to prove "unusual or unanticipated circumstances" as required pursuant to 22 NYCRR 202.21 ...

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