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MARKEL v. PURE POWER BOOT

156671/15.

171 A.D.3d 28 (2019)

96 N.Y.S.3d 187

2019 NY Slip Op 02049

STEPHANIE MARKEL, Appellant, v. PURE POWER BOOT CAMP, INC., et al., Respondents.

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

Decided March 19, 2019.

Attorney(s) appearing for the Case

Buzin Law, P.C., New York City ( Brian J. Isaac and Joshua Brian Irwin of counsel), for appellant.

Havkins Rosenfeld Ritzert & Varriale, LLP, Mineola ( Gail Ritzert of counsel), for respondents.

SWEENY, J.P., RENWICK, KAHN and KERN, JJ., concur.

OPINION OF THE COURT

Plaintiff seeks damages for knee injuries that she alleges were sustained while participating in an exercise drill at defendants' boot camp style gym. During discovery, plaintiff appeared for a physical examination by an orthopedist designated by defendants (IME). Plaintiff's attorney hired an individual...

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