Rebollo v. Nicholas Cab Corp.

Order, Supreme Court, New York County (Carol E. Huff, J.), entered December 17, 2013, which granted defendants’ motion to direct plaintiff to appear for a further independent medical examination (IME) by a physician designated by defendants, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff was not required to appear for an additional IME. Although there is no restriction in CPLR 3121 limiting the number of examinations to which a plaintiff may be subjected, a defendant seeking a further examination must demonstrate the necessity for it (see Chaudhary v Gold, 83…