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MARTINEZ v. NELSON

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64 Misc.3d 225 (2019)

101 N.Y.S.3d 580

2019 NY Slip Op 29158

CHRISTY MARTINEZ, Plaintiff, v. GILBERT NELSON et al., Defendants.

Supreme Court, Bronx County.

Decided May 29, 2019.

Attorney(s) appearing for the Case

Callahan & Fusco, LLC, New York City ( Christian W. Hambleton of counsel), for defendants.

Subin Associates, LLP, New York City ( Maria C. Zieher of counsel), for plaintiff.

OPINION OF THE COURT

Defendants' motion raises an issue on which there is little decisional law in New York: whether spoliation sanctions may be imposed on a tort plaintiff who undergoes surgery prior to submitting to a CPLR 3121 "independent medical examination" (IME). For the reasons that follow, the court concludes...

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