Gray v. Jaeger

Full title: MICHELE GRAY, Appellant, v. LAWRENCE JAEGER, D.O., et al., Respondents

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 11, 2008

57 A.D.3d 303 (N.Y. App. Div. 2008)

868 N.Y.S.2d 521

Opinion

December 11, 2008.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 28, 2008, which granted defendants' motion to compel a physical examination of plaintiff in connection with their appearance at inquest, unanimously reversed, on the law, without costs, and the motion denied.

Before: Friedman, J.P., McGuire, Acosta, DeGrasse and Freedman, JJ.

On a prior appeal ( 17 AD3d 286), this Court struck defendants' answer. As a result, they are now foreclosed from pursuing discovery in preparation for the inquest ( see Hall v Penas, 5 AD3d 549), including a physical examination of plaintiff.