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GONZALO v. FRAGOMENI

2022-00050. Index No. 151862/20.

221 A.D.3d 586 (2023)

199 N.Y.S.3d 559

2023 NY Slip Op 05491

Brittany Gonzalo, Respondent, v. Francesco Fragomeni, Appellant.

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

Decided November 1, 2023.

Attorney(s) appearing for the Case

Karen L. Lawrence (Sweetbaum & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum ], of counsel), for appellant.

Subin Associates, LLP, New York, NY ( Lee M. Huttner and Pollack, Pollack, Isaac & DeCicco, LLP [ Brian J. Isaac and Kelly A. Breslauer ], of counsel), for respondent.

Dillon, J.P., Iannacci, Maltese and Wan, JJ., concur.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Ralph J. Porzio, J.), dated December 10, 2021. The order granted that branch of the plaintiff's motion which was pursuant to CPLR 3103(a) for a protective order precluding the defendant from compelling her to appear for a physical examination by a neurologist and denied that branch of the defendant's cross-motion which was to compel the plaintiff...

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