Hartnett v. City of New York

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered April 15, 2015, which granted the motion of defendant Black Seal Realty Corp. (Black Seal) to compel plaintiff to appear for an orthopedic physical examination, unanimously affirmed, without costs.

Plaintiff’s service of an expert disclosure statement after the filing of the note of issue presented new and unanticipated claims that plaintiff’s ankle condition might warrant further aggressive medical intervention, including ankle fusion or ankle replacement procedures, resulting in appreciably greater medical and economic costs…