Opinion
05-23-2017
Omadil CABRERA, Plaintiff–Appellant, v. Yakov ABAEV, Defendant, Dennis Pantoja, et al., Defendants–Respondents.
The Lambrou Law Firm, P.C., New York (Lambros Y. Lambrou of counsel), for appellant. Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondents.
The Lambrou Law Firm, P.C., New York (Lambros Y. Lambrou of counsel), for appellant.
Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for respondents.
FRIEDMAN, J.P., MOSKOWITZ, FEINMAN, GISCHE, KAHN, JJ.
Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered on or about January 9, 2017, which, to the extent appealed from as limited by the briefs, granted defendants-respondents' post-note of issue motion to compel plaintiff to appear for independent medical examinations, unanimously affirmed, without costs."Trial courts are authorized, as a matter of discretion, to permit post-note of issue discovery without vacating the note of issue, so long as neither party will be prejudiced" (Cuprill v. Citywide Towing and Auto Repair Services, 149 A.D.3d 442, 49 N.Y.S.3d 624 [1st Dept.2017] ). We perceive no prejudice here, as the matter remains on the trial calendar (see Suarez v. Shapiro Family
Realty Assoc., LLC, 149 A.D.3d 526, 53 N.Y.S.3d 23 [1st Dept.2017] ; see e.g. Dominguez v. Manhattan & Bronx Surface Tr. Operating Auth., 168 A.D.2d 376, 376–377, 562 N.Y.S.2d 694 [1st Dept.1990] ). Moreover, the court providently exercised its discretion in directing plaintiff to appear for the medical examinations, given defendants' short delay in designating the physicians (see Henderson–Jones v. City of New York, 104 A.D.3d 411, 959 N.Y.S.2d 917 [1st Dept.2013] ).