Orsos v. Hudson Transit Corp.

Mazzarelli, J.E, and Manzanet-Daniels, J.,

dissent in part in a memorandum by Manzanet-Daniels, J., as follows: While I agree with the majority that the motion court appropriately exercised its discretion in directing plaintiff to appear for another independent medical examination (IME), I would find that the court abused its discretion in disallowing discovery of the report of the examination conducted by Dr. Andrew Hecht.

The majority does not dispute the proposition that the defense is obligated to turn over the report of an expert retained to conduct an IME of plaintiff. “ [Defendants who…