ANDUJAR v. BOYLE

2019-06980. Index No. 69668/17.

190 A.D.3d 900 (2021)

136 N.Y.S.3d 904

2021 NY Slip Op 00400

Jessica V. Andujar, Respondent, v. Christine Susan Boyle et al., Appellants.

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

Decided January 27, 2021.


Attorney(s) appearing for the Case

Collins, Fitzpatrick & Schoene, LLP, White Plains, NY ( Ralph F. Schoene of counsel), for appellants.

Tomkiel & Tomkiel, Scarsdale, NY ( Matthew Tomkiel of counsel), for respondent.

Chambers, J.P., LaSalle, Iannacci and Christopher, JJ., concur.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the defendants' motion to strike the note of issue and certificate of readiness and to compel the plaintiff to appear for an independent medical examination is granted.

The plaintiff commenced this action to recover damages for personal injuries that she allegedly sustained in a motor vehicle accident that occurred on October 20, 2016. After the plaintiff filed a note...

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