Majority
p. 588Omadil Cabrera, Appellant, v Yakov Abaev, Defendant, and Dennis Pantoja et al., Respondents. [55 NYS3d 207]
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 & Auto Repair Servs., 149 AD3d 442 , 443 [1st Dept 2017]). We perceive no prejudice here, as the matter remains on the trial calendar (see Suarez v Shapiro Family
p. 589
Realty Assoc., LLC, 149 AD3d 526 [1st Dept 2017]; see e.g. Dominguez v Manhattan & Bronx Surface Tr. Operating Auth., 168 AD2d 376 , 376-377 [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 AD3d 411 [1st Dept 2013]).
Concur— Friedman, J.P., Moskowitz, Feinman, Gische and Kahn, JJ.
Cases cited
- Suarez v. Shapiro Family Realty Associates, LLC 149 AD3d 526 p. 589
- Dominguez v. Manhattan & Bronx Surface Transit Operating Authority 168 AD2d 376 at 376-377 p. 589