Kavanagh v. Ogden Allied Maintenance Corp.

Full title: JOHANNA M. KAVANAGH et al., Appellants, v. OGDEN ALLIED MAINTENANCE CORP.…

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

Date published: Dec 8, 1997

245 A.D.2d 341 (N.Y. App. Div. 1997)

666 N.Y.S.2d 26

Opinion

December 8, 1997

Appeal from the Supreme Court, Kings County (Demarest, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

We disagree with the plaintiffs' contention that the Supreme Court erred in allowing the defendant Ogden Allied Maintenance Corp. (hereinafter Ogden) to have the injured plaintiff interviewed and tested by Ogden's nonphysician vocational rehabilitation expert, citing D'Amico v. Manufacturers Hanover Trust Co. ( 182 A.D.2d 462), Mooney v. Osowiecky ( 215 A.D.2d 839), Peterson v. Zuercher ( 198 A.D.2d 797), and Gomez v. Long Is. R. R. ( 202 A.D.2d 633). The court's order was appropriate since, in essence, it granted reciprocity to Ogden because the plaintiffs had engaged their own nonphysician vocational rehabilitation expert in preparation for such expert testimony at trial.

Rosenblatt, J. P., Thompson, Friedmann and Goldstein, JJ., concur.