Legal Opinion
Smith v. Cardella Trucking Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2014Published
1Opinion of the Court
Contrary to the contention of the plaintiffs, the Supreme Court providently exercised its discretion (see Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 11 NY3d 843, 845 [2008]; Colantonio v Mercy Med. Ctr., 102 AD3d 649, 650 [2013]) in directing the injured plaintiff to submit to an examination by a vocational rehabilitation expert. The record demonstrates that the plaintiffs placed the injured plaintiff s ability to engage in future employment in issue, thereby making an evaluation by a vocational rehabilitation expert appropriate (see Kavanagh v Ogden Allied…
2Cases cited6 opinions
- THOSE CERTAIN UNDERWRITERS AT LLOYDS v. Occidental Gems, Inc.New York Court of Appeals · 2008
- Kavanagh v. Ogden Allied Maintenance Corp.New York Court of Appeals · 1998
- Jones v. Grand Opal Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Barbosa v. CapolarelloAppellate Division of the Supreme Court of the State of New York · 2008
- Spano v. Omni Engineering, LLCAppellate Division of the Supreme Court of the State of New York · 2010
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