Allen v. New York City Transit Authority

*231Order, Supreme Court, Bronx County (Joseph Giamboi, J.H.O.), entered April 3, 2006, which denied defendants-appellants’ motion for a vocational rehabilitation examination of plaintiff, unanimously reversed, on the facts, without costs, and the motion granted.

The motion, made some 5x/2 years after the accident, was based on a bill of particulars, prepared some 10 months after the accident, asserting that plaintiff had been unemployed since the accident and “will continue to lose earnings and benefits pursuant to [his union] contract until he returns to work, if ever.” In opposition, plaintiffs…