Montgomery v. City of New York

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Hutcherson, J.), dated December 12, 2002, which granted the defendants’ motion to compel the plaintiff Francine Montgomery to appear for an examination before trial and for an independent medical examination pursuant to CPLR 3124, and denied their cross motion to impose a sanction pursuant to 22 NYCRR 130-1.3.

Ordered that the order is modified, by deleting the provision thereof granting the motion and substituting therefor a provision denying the motion; as so…