Bermel v. Dagostino

Order, Supreme Court, New York County (Deborah A. Kaplan, J), entered March 21, 2007, which, in an action for personal injuries, denied defendant’s motion to compel plaintiff to appear for independent medical examinations (IMEs), unanimously reversed, on the law and the facts, without costs, and the motion granted.

*304The record reveals that prior to and following the filing of the note of issue, defendant made numerous unanswered requests for medical records documenting plaintiffs preexisting condition from plaintiffs treating physician. The lack of response prevented defendant from scheduling…