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MARTINEZ v. PINARD

6233N 20797/16.

160 A.D.3d 440 (2018)

71 N.Y.S.3d 345

2018 NY Slip Op 02402

Richard Martinez, Appellant, v. Leverne C. Pinard et al., Defendants, and Eduard R. Ventura de Leon et al., Respondents.

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

Decided April 5, 2018.

Defendants concede that, under this Court's recent decision in Santana v Johnson (154 A.D.3d 452 [1st Dept 2017]), they can no longer argue that plaintiff was required to show "special and unusual circumstances" to be permitted to have a nonlegal representative present at a physical examination conducted on their behalf pursuant to CPLR 3121.

There is no basis for finding that...

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