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VILLANUEVA v. NATIONAL FRGT., INC.

Index No. 36262/17. Appeal No. 17230. Case No. 2022-03401.

213 A.D.3d 429 (2023)

180 N.Y.S.3d 907

2023 NY Slip Op 00507

Carlos Villanueva, Respondent, v. National Freight, Inc., Appellant.

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

Decided February 2, 2023.

Attorney(s) appearing for the Case

Fishman McIntyre Levine Samansky P.C., New York (Scott A. Grossman of counsel), for appellant.

Russo Law LLP, New York (Richard Russo of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, Gesmer, Moulton, Mendez, JJ.

Order, Supreme Court, Bronx County (Doris M. Gonzalez, J.), entered on or about July 15, 2022, which denied defendant's motion to compel plaintiff to submit to a post-note of issue independent medical examination, unanimously affirmed, without costs.

The motion court providently determined that defendant failed to show "unusual or unanticipated circumstances" that would warrant post-note of issue discovery (see 22...

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