CPLR 3121 – Pospis Law, PLLC

February 8, 2015 by mjpospis

Defendants Prohibited From Conducting Further “Independent” Medical Exam (IME) of Plaintiff

In Rebollo v. Nicholas Cab Corp. (App. Div. 1st Dept. Feb. 5, 2015), the Appellate Division, First Department reversed the lower court’s order granting defendants’ motion to “appear for a further independent medical examination (IME) by a physician designated by defendants.” In holding that a further medical exam was not warranted, the court reasoned: Plaintiff…

Perjury Allegation Against Medical Expert Does Not Justify Second Medical Examination of Plaintiff in Trip-and-Fall Personal Injury Suit

In Atchison v. Metropolitan Enterprises, a recent trip-and-fall case, a Brooklyn trial court rejected defendants’ attempt to subject plaintiff to a second Independent Medical Examination (IME). They sought the second examination due to intervening events which, to put it mildly, raised questions as to the first doctor’s credibility. (Note: As a plaintiff’s lawyer, I – as…