Herman v. Moore

*667Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered October 17, 2012, which, in this action for personal injuries sustained in a motor vehicle accident, denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The court providently exercised its discretion in considering defendants’ medical reports. Although they were first disclosed after the filing of the note of issue and certificate of readiness, plaintiff cannot claim prejudice where defendants’ summary judgment motion had been adjourned, at plaintiffs request, to provide…