Chaudhary v. Gold

Mazzarelli, J.P., and Manzanet-Daniels, J., dissent in a memorandum by Manzanet-Daniels, J.,

as follows: I would affirm. De*479fendants failed to make the requisite showing that a further neuropsychological examination is material and necessary for the defense of the action (see CPLR 3101 [a]; compare Radigan v Radigan, 115 AD2d 466, 467 [1985]).

This personal injury action arises from a motor vehicle accident that occurred on November 1, 2005, when plaintiffs taxi was struck from behind by a truck being driven by defendant Brian D. Gold and owned by defendant Penske Truck Leasing Corp. Plaintiff…