Adams v. Deloreto
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and in the exercise of discretion and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court did not abuse its discretion in assessing costs of $1,000 upon plaintiff (see, CPLR 3126; Flynn v Debonis, 246 AD2d 852, 853; Wolford v Cerrone, 184 AD2d 833, 834; Renford v Lizardo, 104 AD2d 717, 718). Under the circumstances of this case, however, it was an abuse of discretion to require plaintiff “personally” to pay such costs as a condition of her being permitted to attend a further independent medical examination. We…
2Cases cited6 opinions
- Henderson v. StilwellAppellate Division of the Supreme Court of the State of New York · 1986
- Miller v. DuffyAppellate Division of the Supreme Court of the State of New York · 1987
- Kimmel v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Wolford v. CerroneAppellate Division of the Supreme Court of the State of New York · 1992
- Renford v. LizardoAppellate Division of the Supreme Court of the State of New York · 1984
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3Cited by4 opinions
- Optic Plus Enterprises, Ltd. v. Bausch & Lomb Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Hilley v. SanabriaAppellate Division of the Supreme Court of the State of New York · 2004
- Fox v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Burke v. Arcadis G&M of New York Architectural & Engineering Services, P.C.Appellate Division of the Supreme Court of the State of New York · 2017