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BERMEL v. DAGOSTINO

50 A.D.3d 303 (2008)

855 N.Y.S.2d 73

JAMES BERMEL, Respondent, v. JASON DAGOSTINO, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 3, 2008.

The record reveals that prior to and following the filing of the note of issue, defendant made numerous unanswered requests for medical records documenting plaintiff's preexisting condition from plaintiff's treating physician. The lack of response prevented defendant from scheduling the subject IMEs in a timely fashion inasmuch as the medical records were necessary to determine whether there was a causal relationship between plaintiff...

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