Pickering v. Union 15 Restaurant Corp.

Order, Supreme Court, New York County (Louis B. York, J), entered June 20, 2012, which denied defendants’ motion to vacate the note of issue and certificate of readiness, finding that defendants had waived their right to an independent medical examination (IME) of plaintiff, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted, and plaintiff directed to submit to an IME within 45 days of service of a copy of this order with notice of entry.

The court improvidently exercised its discretion by denying defendants a one-day adjournment to…