Hartnett v. City of New York
Cases that cite this one
4 later published cases cite this decision.
- Fusco v. Town of Colonie (Appellate Division of the Supreme Court of New York 2022)
- Olivo v. Nazario (Appellate Division of the Supreme Court of New York 2017)
- Prevost v. One City Block LLC (Appellate Division of the Supreme Court of New York 2017)
- Jones v. Seta (Appellate Division of the Supreme Court of New York 2016)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered April 15, 2015, which granted the motion of defendant Black Seal Realty Corp. (Black Seal) to compel plaintiff to appear for an orthopedic physical examination, unanimously affirmed, without costs.
Plaintiff’s service of an expert disclosure statement after the filing of the note of issue presented new and unanticipated claims that plaintiff’s ankle condition might warrant further aggressive medical intervention, including ankle fusion or ankle replacement procedures, resulting in appreciably greater medical and economic costs than initially alleged, as well as potentially greater disability and attendant restrictions on every day living. This constituted the requisite “unusual or unanticipated circumstances,” as well as “substantial prejudice,” needed to be shown to warrant the court, in a provident exercise of discretion, to grant of Black Seal’s post-note of issue discovery request (see 22 NYCRR 202.21 [d]; CPLR 3101 [d] [1] [i]; Bermel v Dagostino, 50 AD3d 303 [1st Dept 2008]; Esteva v Catsimatidis, 4 AD3d 210 [1st Dept 2004]; Karakostas v Avis Rent A Car Sys., 306 AD2d 381 [2d Dept 2003]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.