Appellate Division of the Supreme Court of New York, 2017

Cabrera v. Abaev

Appellate Division of the Supreme Court of New York · Decided May 23, 2017 · Feinman, Friedman, Gische, Kahn, Moskowitz

2017 NY Slip Op 4084; 150 A.D.3d 588; 55 N.Y.S.3d 207

Cases that cite this one

9 later published cases cite this decision.

Canales v. Noble Constr. Group, LLC (New York Supreme Court, New York County 2024)
Santacruz v. 58 Gerry St LLC (Appellate Division of the Supreme Court of New York 2026)
Jordan v. BBP St Owner, LLC (New York Supreme Court, New York County 2024)
Marinelli v. Empire City Subway Co. (Ltd.) (New York Supreme Court, New York County 2024)
Louis F. Burke PC v. Aezah (Appellate Division of the Supreme Court of New York 2021)
Louis F. Burke PC v. Aezah (Appellate Division of the Supreme Court of New York 2021)
Lisa I. v. Manikas (Appellate Division of the Supreme Court of New York 2020)
Hickey v. City of New York (Appellate Division of the Supreme Court of New York 2018)
Kanaly v. DeMartino (Appellate Division of the Supreme Court of New York 2018)

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, Bronx County (Laura G. Douglas, J.), entered on or about January 9, 2017, which, to the extent appealed from as limited by the briefs, granted defendants-respondents’ post-note of issue motion to compel plaintiff to appear for independent medical examinations, unanimously affirmed, without costs.

“Trial courts are authorized, as a matter of discretion, to permit post-note of issue discovery without vacating the note of issue, so long as neither party will be prejudiced” (Cuprill v Citywide Towing & Auto Repair Servs., 149 AD3d 442, 443 [1st Dept 2017]). We perceive no prejudice here, as the matter remains on the trial calendar (see Suarez v Shapiro Family *589 Realty Assoc., LLC, 149 AD3d 526 [1st Dept 2017]; see e.g. Dominguez v Manhattan & Bronx Surface Tr. Operating Auth., 168 AD2d 376, 376-377 [1st Dept 1990]). Moreover, the court providently exercised its discretion in directing plaintiff to appear for the medical examinations, given defendants’ short delay in designating the physicians (see Henderson-Jones v City of New York, 104 AD3d 411 [1st Dept 2013]).

Concur— Friedman, J.P., Moskowitz, Feinman, Gische and Kahn, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.