![]() ![]() Kahn, and, upon renewal, to vacate the note of issue and direct the plaintiff to appear for a supplemental deposition concerning only a prior accident in 2004 and a subsequent accident in 2015 and related treatment, and a supplemental physical examination, and substituting therefor a provision granting those branches of that defendant's motion (2) deleting the provision thereof directing the plaintiff to provide authorizations for records related to a prior accident occurring in 2004, and substituting therefor a provision directing the plaintiff to provide authorizations for all records arising out of a prior accident occurring on Septemand (3) deleting the provision thereof denying that branch of that defendant's motion which was pursuant to CPLR 3126 to strike the complaint, and substituting therefor a provision granting that branch of the motion only to the extent of directing the plaintiff personally to pay the sum of $3,000 as a sanction to that defendant as so modified, the order dated March 8, 2018, is affirmed insofar as appealed from and it is further, ORDERED that the order dated March 8, 2018, is modified, on the law, the facts, and in the exercise of discretion, by (1) deleting the provisions thereof denying those branches of the motion of the defendant New York City Transit Authority which were to direct the plaintiff to provide authorizations permitting the release of medical records from Stuart B. ORDERED that the order dated February 1, 2018, is affirmed insofar as appealed from and it is further, ![]() ![]() ORDERED that the appeal from the order dated November 2, 2017, is dismissed, as no appeal lies from an order entered on the consent of the appealing party (see CPLR 5511) and it is further, The order dated April 12, 2018, denied that defendant's motion to preclude the plaintiff from providing any evidence on damages or to vacate the note of issue and strike the case from the trial calendar. The order dated March 8, 2018, insofar as appealed from, denied those branches of that defendant's motion which were pursuant to CPLR 3126 to strike the complaint, to compel disclosure regarding the plaintiff's alleged need for further surgery and, upon renewal of that defendant's previous motion, to vacate the note of issue and direct the plaintiff to provide certain discovery and to appear for a supplemental deposition and physical examination. The order dated February 1, 2018, insofar as appealed from, denied that defendant's motion to the extent that the defendant sought discovery beyond that granted in the order dated November 2, 2017. The order dated November 2, 2017, insofar as appealed from, upon the stipulation of the plaintiff and the defendant New York City Transit Authority, denied those branches of that defendant's motion which were to vacate the note of issue and compel the plaintiff to provide certain discovery. Sherman, J.) dated February 1, 2018, (3) an order of the same court (Donald Scott Kurtz, J.) dated March 8, 2018, and (4) an order of the same court (Donald Scott Kurtz, J.) dated April 12, 2018. In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from (1) an order of the Supreme Court, Kings County (Donald Scott Kurtz, J.), dated November 2, 2017, (2) an order of the same court (Kenneth P. Corchia of counsel), for appellant.Įlefterakis, Elefterakis & Panek, New York, NY (Oliver R. New York City Transit Authority, appellant, et al, defendant.Īrmienti, DeBellis, Guglielmo & Rhoden, LLP, New York, NY (Vanessa M. This opinion is uncorrected and subject to revision before publication in the Official Reports.Īppellate Division, Second Judicial Department ![]() Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. ![]()
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