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NIKEL v. 5287 TR. RD., LLC

82 CA 22-00484.

215 A.D.3d 1230 (2023)

186 N.Y.S.3d 755

2023 NY Slip Op 02201

Ricky Nikel, Respondent, v. 5287 Transit Road, LLC, Appellant.

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

Decided April 28, 2023.

Attorney(s) appearing for the Case

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (THOMAS J. SPEYER OF COUNSEL), FOR DEFENDANT-APPELLANT.

DOLCE PANEPINTO, P.C., BUFFALO (JONATHAN M. GORSKI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Curran, Bannister and Ogden, JJ.

Appeal from an order of the Supreme Court, Erie County (Mark A. Montour, J.), entered March 16, 2022. The order, inter alia, granted the motion of plaintiff insofar as it sought a protective order limiting the scope of defendant's independent medical examination of plaintiff's lumbar spine.

It is hereby ordered that said appeal from the order insofar as it precluded defendant's expert from testifying at trial about the...

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