OMADIL CABRERA, plf-ap, v. YAKOV ABAEV, def, DENNIS PANTOJA def-res

4087-4088N. OMADIL CABRERA, plf-ap, v. YAKOV ABAEV, def, DENNIS PANTOJA def-res — The Lambrou Law Firm, P.C., New York (Lambros Y. Lambrou of counsel), for ap — Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for res — Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered on or about January 9, 2017, which, to the extent appealed from as limited by the briefs, granted defendants-respondents' post-note of issue motion to compel plaintiff to appear for independent medical examinations, unanimously affirmed, without costs.

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4087-4088N. OMADIL CABRERA, plf-ap, v. YAKOV ABAEV, def, DENNIS PANTOJA def-res — The Lambrou Law Firm, P.C., New York (Lambros Y. Lambrou of counsel), for ap — Gannon, Rosenfarb & Drossman, New York (Lisa L. Gokhulsingh of counsel), for res — Order, Supreme Court, Bronx County (Laura G. Douglas, J.), entered on or about January 9, 2017, which, to the extent appealed from as limited by the briefs, granted defendants-respondents’ post-note of issue motion to compel plaintiff to appear for independent medical examinations, unanimously affirmed, without costs.

“Trial courts are authorized, as a matter of discretion, to permit post-note of issue discovery without vacating the note of issue, so long as neither party will be prejudiced” (Cuprill v. Citywide Towing and Auto Repair Services, — AD3d —, 2017 NY Slip Op 02729 [1st Dept 2017]). We perceive no prejudice here, as the matter remains on the trial calendar (see Suarez v. Shapiro Family Realty Assoc., LLC, — AD3d —, 2017 NY Slip Op 02914 [1st Dept 2017]; see e.g. Dominguez v. Manhattan & Bronx Surface Tr. Operating Auth., 168 AD2d 376, 376-377 [1st Dept 1990]). Moreover, the court providently exercised its discretion in directing plaintiff to appear for the medical examinations, given defendants’ short delay in designating the physicians (see Henderson-Jones v. City of New York, 104 AD3d 411 [1st Dept 2013]).

OMADIL CABRERA, plf-ap, v. YAKOV ABAEV, def, DENNIS PANTOJA def-res

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