Opinion
10697N 10697NA Index 300960/15
01-02-2020
Bradford ROM, Plaintiff–Appellant, v. EUROSTRUCT, INC., et al., Defendants–Respondents.
Oresky & Associates, PLLC, Bronx (John J. Nonnenmacher of counsel), for appellant. Morris Duffy Alonso & Faley, New York (Iryna S. Krauchanka of counsel), for respondents.
Oresky & Associates, PLLC, Bronx (John J. Nonnenmacher of counsel), for appellant.
Morris Duffy Alonso & Faley, New York (Iryna S. Krauchanka of counsel), for respondents.
Richter, J.P., Gische, Mazzarelli, Gesmer, JJ.
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about June 21, 2019, which, inter alia, granted defendants' motion seeking authorizations for plaintiff's public health insurance records from 2004 to the present, and stayed his deposition as to injuries contained in the fourth, fifth, and sixth supplemental bills of particulars, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about June 4, 2019, unanimously dismissed, without costs, as superseded by the June 21, 2019 order. The court providently exercised its discretion in compelling additional discovery. Defendants established substantial prejudice where unusual or unanticipated circumstances developed subsequent to the filing of the note of issue (see Bermel v. Dagostino, 50 A.D.3d 303, 855 N.Y.S.2d 73 [1st Dept. 2008] ; Esteva v. Catsimatidis, 4 A.D.3d 210, 772 N.Y.S.2d 267 [1st Dept. 2004] ). Plaintiff raised specific and significant injuries to his lumbar spine for the first time after the note of issue had been filed, warranting a further deposition and medical examination (see Jenkins v. 312 W. 121st St., 30 A.D.2d 937, 293 N.Y.S.2d 875 [1st Dept. 1968] ). Furthermore, plaintiff's claims of aggravation and exacerbation of a preexisting, latent, and asymptomatic degenerative condition entitled defendants to authorizations unrestricted by date (see McGlone v. Port Auth. of N.Y. & N.J., 90 A.D.3d 479, 480, 934 N.Y.S.2d 161 [1st Dept. 2011] ; Rega v. Avon Prods., Inc., 49 A.D.3d 329, 330, 854 N.Y.S.2d 688 [1st Dept. 2008] ).