Legal Opinion
Smith v. Cardella Trucking Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 22, 2014PublishedCited by 1 opinion
1Opinion of the Court
Contrary to the contention of the plaintiffs, the Supreme Court providently exercised its discretion (see Those Certain Underwriters at Lloyds, London v Occidental Gems, Inc., 11 NY3d 843, 845 [2008]; Colantonio v Mercy Med. Ctr., 102 AD3d 649, 650 [2013]) in directing the injured plaintiff to submit to an examination by a vocational rehabilitation expert. The record demonstrates that the plaintiffs placed the injured plaintiff s ability to engage in future employment in issue, thereby making an evaluation by a vocational rehabilitation expert appropriate (see Kavanagh v Ogden Allied…
2Cases cited6 opinions
- THOSE CERTAIN UNDERWRITERS AT LLOYDS v. Occidental Gems, Inc.New York Court of Appeals · 2008
- Kavanagh v. Ogden Allied Maintenance Corp.New York Court of Appeals · 1998
- Jones v. Grand Opal Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Barbosa v. CapolarelloAppellate Division of the Supreme Court of the State of New York · 2008
- Spano v. Omni Engineering, LLCAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by1 opinion
- Hayes v. Bette & Cring, LLCAppellate Division of the Supreme Court of the State of New York · 2016