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ARROYO v. LACUESTA

2015-07522, Index No. 500902/13.

140 A.D.3d 994 (2016)

34 N.Y.S.3d 148

2016 NY Slip Op 04895

GILBERTO ARROYO et al., Appellants, v. JOHNNY LEONARDO PEREZ LACUESTA et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 22, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Judicial Hearing Officer (hereinafter the JHO) appointed by the Supreme Court to supervise discovery as a referee (see CPLR 3104) providently exercised his discretion in granting that branch of the defendants' motion which was to compel the plaintiff Gilberto Arroyo (hereinafter the injured plaintiff) to appear for certain medical examinations. Although the defendants waived their...

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