Opinion
8234N Index 300013/14
01-29-2019
Christian FLOYD, Plaintiff–Respondent, v. Anthony Keven PLAYER, Defendant, Anthony Cella, et al., Defendants–Appellants.
McGaw, Alventosa & Zajac, Jericho (Andrew Zajac of counsel), for appellants. The Altman Law Firm, PLLC, Woodmere (Michael T. Altman of counsel), for respondent.
McGaw, Alventosa & Zajac, Jericho (Andrew Zajac of counsel), for appellants.
The Altman Law Firm, PLLC, Woodmere (Michael T. Altman of counsel), for respondent.
Friedman, J.P., Gische, Kapnick, Gesmer, Moulton, JJ.
The court providently exercised its discretion in determining that plaintiff's disclosure, in a supplemental bill of particulars, that surgery had been recommended for his spine did not warrant compelling pre-operative and post-operative depositions or physical examinations at that time, and it was warranted in granting the motion only to the extent of directing plaintiff to provide authorizations for medical records pertaining to his continuing treatment (see Jenkins v. Trustees of the Masonic Hall and Asylum Fund, 112 A.D.3d 469, 975 N.Y.S.2d 883 [1st Dept. 2013] ; CPLR 3043[b] ). Plaintiff had previously disclosed at his deposition that his doctor had recommended surgery, and defendants already had an opportunity to inquire about the matter at that time. Further, there was no showing that plaintiff had agreed to undergo the recommended surgery or that his physical condition had changed since he was examined by defendants' designated medical experts.