Legal Opinion
Mooney v. Osowiecky
Appellate Division of the Supreme Court of the State of New York
Decided May 4, 1995PublishedCited by 4 opinions
1Opinion of the Court
Mercure, J. Appeal from an order of the Supreme Court (Teresi, J.), entered October 24, 1994 in Albany County, which granted defendants’ motion to compel plaintiff Kimberly M. Mooney to submit to an examination by a vocational rehabilitation expert.
Because we agree with the position of the First Department, as initially enunciated in D'Amico v Manufacturers Hanover Trust Co. (182 AD2d 462), that courts have no statutory authority to compel the examination of an adverse party by a nonphysician vocational rehabilitation specialist (see, Savarese v Yonkers Motors Corp., 205 AD2d 463; Peterson v…
2Cases cited5 opinions
- Peterson v. ZuercherAppellate Division of the Supreme Court of the State of New York · 1993
- D'Amico v. Manufacturers Hanover Trust Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Savarese v. Yonkers Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Gomez v. Long Island Rail RoadAppellate Division of the Supreme Court of the State of New York · 1994
- Johnson v. Moran Towing & Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by4 opinions
- Young v. Knickerbocker ArenaAppellate Division of the Supreme Court of the State of New York · 2001
- Hayes v. Bette & Cring, LLCAppellate Division of the Supreme Court of the State of New York · 2016
- Kavanagh v. Ogden Allied Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Anderson v. HathawayAppellate Division of the Supreme Court of the State of New York · 1995