Gray v Jaeger

Gray v Jaeger 2008 NY Slip Op 09731 [57 AD3d 303] December 11, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 11, 2009

Michele Gray, Appellant,
v
Lawrence Jaeger, D.O., et al., Respondents.

—[*1] Reardon & Sclafani, P.C., Tarrytown (Michael V. Sclafani of counsel), for appellant.

Brown & Tarantino, LLC, White Plains (Ann M. Campbell of counsel), for respondents.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 28, 2008, which granted defendants' motion to compel a physical examination of plaintiff in connection with their appearance at inquest, unanimously reversed, on the law, without costs, and the motion denied.

On a prior appeal (17 AD3d 286 [2005]), this Court struck defendants' answer. As a result, they are now foreclosed from pursuing discovery in preparation for the inquest (see Hall v Penas, 5 AD3d 549 [2004]), including a physical examination of plaintiff. Concur—Friedman, J.P., McGuire, Acosta, DeGrasse and Freedman, JJ.