Legal Opinion
Marks v. Morrison
Appellate Division of the Supreme Court of the State of New York
Decided September 29, 2000PublishedCited by 11 opinions
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion denied and note of issue reinstated. Memorandum: Supreme Court erred in granting defendants’ motion to vacate the note of issue unless plaintiff agrees to submit to an independent medical examination (IME) within 30 days. It is well established that, “absent special, unusual or extraordinary circumstances spelled out factually, the motion court lacks discretion to permit further discovery after the note of issue and statement of readiness have been filed” (Gould v Marone, 197 AD2d 862; see, Sims v Ferraccio, 265 AD2d 805; Melanson v…
2Cases cited5 opinions
- Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
- Laudico v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Gould v. MaroneAppellate Division of the Supreme Court of the State of New York · 1993
- Melanson v. CaggianoAppellate Division of the Supreme Court of the State of New York · 1998
- Sims v. FerraccioAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by11 opinions
- Tirado v. MillerAppellate Division of the Supreme Court of the State of New York · 2010
- Eskenazi v. MackoulAppellate Division of the Supreme Court of the State of New York · 2012
- Colon v. Yen Ru JinAppellate Division of the Supreme Court of the State of New York · 2007
- Silverberg v. GuzmanAppellate Division of the Supreme Court of the State of New York · 2009
- Di Matteo v. GreyAppellate Division of the Supreme Court of the State of New York · 2001
6 more not listed; retrieve them via the Exa API.