SANTANA v. JOHNSON

4491N, 300905/13.

154 A.D.3d 452 (2017)

60 N.Y.S.3d 831

2017 NY Slip Op 06997

MIGUEL SANTANA et al., Respondents, v. CURTIS JOHNSON, JR., et al., Appellants.

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

Decided October 5, 2017.


The motion court providently exercised its discretion in granting defendants' preclusion motion only in the event that the nonparty witnesses failed to appear for depositions concerning their observations at physical examinations of plaintiffs (see CPLR 3126). Plaintiffs are entitled to have a representative present at their physical examinations as long as the representative does not interfere with the examinations conducted by defendants' designated physician or...

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