Opinion
158 CA 15-00590.
04-29-2016
Catherine M. HEARY, Plaintiff–Respondent, v. Denise HIBIT and Erik M. Hibit, Defendants–Appellants. (Appeal No. 2.).
Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of Counsel), for Defendants–Appellants. Gross Shuman Brizdle & Gilfillan, P.C., Buffalo (Sarah P. Rera of Counsel), for Plaintiff–Respondent.
Appeal from an order of the Supreme Court, Erie County (John L. Michalski A.J.), entered July 21, 2014. The order, insofar as appealed from, denied that part of the motion of defendants to compel plaintiff to submit to an independent medical examination by an orthopedist.
Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of Counsel), for Defendants–Appellants.
Gross Shuman Brizdle & Gilfillan, P.C., Buffalo (Sarah P. Rera of Counsel), for Plaintiff–Respondent.
Same memorandum as in Heary v. Hibit (Appeal No. 1), 138 A.D.3d 1385, 30 N.Y.S.3d 415, 2016 WL 1709620 (Apr. 29, 2016).
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs and defendants' motion is granted in its entirety.
WHALEN, P.J., CENTRA, LINDLEY, TROUTMAN, and SCUDDER, JJ., concur.