Gokey v. DeCicco
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from an order of the Supreme Court (Kavanagh, J.), entered June 2, 2005 in Ulster County, which granted defendants’ motion to strike the complaint.
Plaintiff commenced this action seeking damages for personal injuries he allegedly sustained when the vehicle he was riding in was struck from behind by a vehicle owned and/or operated by defendants. Based on plaintiffs subsequent failure to attend two scheduled independent medical examinations (hereinafter IME; see CPLR 3121), defendants moved to strike the complaint or, in the alternative, to compel plaintiff to appear for an IME (see CPLR…
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