Parato v. Yagudaeu

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about August 10, 2006, which denied defendants’ motion to strike the note of issue and compel plaintiff to appear for an independent medical examination (IME), unanimously affirmed, without costs.

The record evidence establishes that following the filing of the note of issue and certificate of readiness in this action where plaintiff was allegedly injured in an automobile accident, defendants timely moved to strike the note of issue on the basis that plaintiff had inaccurately represented that discovery was completed. The…